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BORO. OF PLATEA v. COMMONWEALTH ET AL.

No. 621 C.D. 1973.

14 Pa.Commw. 478 (1974)

Borough of Platea, Appellant, v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Appellee, and Bessemer and Lake Erie Railroad Company, Intervening Appellee.

Commonwealth Court of Pennsylvania.

July 26, 1974.

Attorney(s) appearing for the Case

Andrew J. Conner, with him Dunn & Conner, for appellant.

Philip R. Mann, Assistant Counsel, with him Edward Munce, Acting Counsel, for appellee.

David McNeil Olds, with him Eugene K. Connors and Reed, Smith, Shaw & McClay, for intervening appellee.

Argued February 4, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, July 26, 1974:

This is an appeal by the Borough of Platea (Borough) from an order of the Pennsylvania Public Utility Commission (P.U.C.) which denied the Borough's request for a rehearing and/or rescission or amendment of an order made by the P.U.C. on January 2, 1973. The controversy began when the Bessemer and Lake Erie Railroad Company (Railroad), who have been permitted to intervene in this appeal, informed the P.U.C. by telegram on January...

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