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NORFOLK AND WESTERN RY. CO. v. PA. P.U.C.

No. 1536 C.D. 1977.

41 Pa.Commw. 634 (1979)

Norfolk and Western Railway Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent; Pennsylvania State Legislative Board, United Transportation Union, Intervenor.

Commonwealth Court of Pennsylvania.

April 12, 1979.

Attorney(s) appearing for the Case

H. Woodruff Turner, with him Dennis M. Sheedy, Alan C.R. Lewis, and Kirkpatrick, Lockhart, Johnson & Hutchison, and, of counsel, Henry D. Light, for petitioner.

Candace N. Kreiger, Assistant Counsel, with her John B. Wilson, Assistant Counsel, and Kathleen Herzog Larkin, Chief Counsel, for respondent.

Thomas P. Shearer, for intervenor.

Argued December 7, 1978, before Judges WILKINSON, JR., ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, April 12, 1979:

This case is before us on appeal from a decision of the Pennsylvania Public Utility Commission (PUC) ordering Petitioner Norfolk and Western Railway Company (N&W) to discontinue within 120 days the operation of any of its locomotives which were not equipped with "flush type toilet[s] or similar device[s]" pursuant to 52 Pa. Code § 33.62 (PUC Regulation).1

N&W is an interstate...

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