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COMTH., APLNT. v. METROPOLITAN EDISON

No. 1531 C.D. 1974.

18 Pa.Commw. 606 (1975)

Commonwealth of Pennsylvania, for itself and on behalf of its citizens and residents, Appellant, v. Metropolitan Edison Company, Appellee.

Commonwealth Court of Pennsylvania.

April 30, 1975.

Attorney(s) appearing for the Case

Philip P. Kalodner, Special Assistant Attorney General, with him Gerry J. Elman, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Samuel B. Russell, with him W. Edwin Ogden, and Ryan, Russell & McConaghy, for appellee.

Argued April 2, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, April 30, 1975:

Able counsel for the appellant has accurately and succinctly stated the history of this case as follows:

"This is an appeal from the denial by the Court of Common Pleas of Berks County of Plaintiff's Motion for a Preliminary Injunction sought to prevent collection by an electric utility of rates which plaintiff asserts are being collected illegally. The Court below denied plaintiff's Motion after hearing an undisputed...

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