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COMMONWEALTH v. PHILA. ELECTRIC

No. 427 C.D. 1973.

21 Pa.Commw. 593 (1975)

Commonwealth of Pennsylvania v. Philadelphia Electric Company, Appellant.

Commonwealth Court of Pennsylvania.

November 13, 1975.

Attorney(s) appearing for the Case

T. Roberts Appel, II, with him Roberts R. Appel, Appel, Herr & Appel, and, of counsel, Edward G. Bauer, Jr. and Eugene J. Bradley, for appellant.

Vincent J. Dopko, Deputy Attorney General, for appellee.

Argued June 5, 1975, before President Judge BOWMAN and Judges KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge CRUMLISH, JR. did not participate.

OPINION BY JUDGE BLATT, November 13, 1975:

In this action we are asked to determine whether under the Public Utility Realty Tax Act.1 (PURTA), the dam, dikes, and canal of a pump storage hydroelectric generating plant owned by a public utility constitute machinery and equipment or utility realty.

The utility here, the Philadelphia Electric Company (Philadelphia Electric...

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