RUGARE v. PA. P.U.C.

No. 791 C.D. 1976.

29 Pa.Commw. 111 (1977)

Joseph A. Rugare, Jr. v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission. Joseph A. Rugare, Jr., Appellant. Erie-Western Pennsylvania Port Authority, Intervening Appellee.

Commonwealth Court of Pennsylvania.

March 3, 1977.


Attorney(s) appearing for the Case

Daniel J. Beggy, with him Mansmann, Beggy & Campbell, for appellant.

Frank B. Wilmarth, Assistant Counsel, with him Barnett Satinsky, First Assistant Counsel, and Edward J. Morris, Counsel, for appellee.

Paul F. Curry, with him William C. Sennett, Stephen E. Jones, and Knox, Graham, McLaughlin, Gornall and Sennett, Inc., for intervening appellee.

Argued February 2, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE ROGERS, March 3, 1977:

This case is companion to Erie-Western Pennsylvania Port Authority v. Joseph Rugare, d/b/a Julie Marie Lake Rides, 29 Pa.Commw. 83, A.2d (1977), in which we held that the Erie-Western Port Authority had exclusive regulatory power with respect to Rugare's ferryboat operation in Erie Harbor and that the Pennsylvania Public Utility Commission's former power in this regard was preempted...

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