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NORFOLK & W. RY. CO. v. PA. PUBLIC UTIL.

489 Pa. 109 (1980)

413 A.2d 1037

NORFOLK AND WESTERN RAILWAY COMPANY, Appellee at Nos. 110 and 111 v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant at No. 111 and Pennsylvania State Legislative Board, United Transportation Union, Appellant at No. 110.

Supreme Court of Pennsylvania.

Decided April 25, 1980.

Attorney(s) appearing for the Case

H. Woodruff Turner, Dennis M. Sheedy, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, for Norfolk and Western Railway Co.

James Kutz, Asst. Counsel, John B. Wilson, Deputy Chief Counsel, George M. Kashi, Chief Counsel, Harrisburg, for PUC.

T.P. Shearer, Pittsburgh, for Pa. State Legislative Board, United Transportation Union.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

This case involves a challenge to the validity of the Pennsylvania Public Utility Commission (PUC) regulation which requires that locomotives operating in the Commonwealth be equipped with devices which sanitarily dispose of human waste material.1 The PUC, after a hearing, found that appellee Norfolk and Western Railway Company (N&W) was in violation...

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