Consolidated Rail Corporation, Petitioner
v.
Pennsylvania Public Utility Commission, City of Philadelphia and Commonwealth of Pennsylvania, Department of Transportation, Respondents.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Argued October 9, 1980.
December 23, 1980.
Attorney(s) appearing for the Case
Joel E. Mazor, for petitioner.
John J. Gallagher, Assistant Counsel, with him George D. Wenick, Assistant Attorney General, Alfred N. Lowenstein, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent, Pennsylvania Public Utility Commission.
Judith N. Dean, Deputy City Solictor, with her Barry J. Grossman, Assistant City Solicitor, Alan J. Davis, City Solicitor, and Herbert Smolen, Deputy City Solicitor, for respondent, City of Philadelphia.
Argued October 9, 1980, before Judges MacPHAIL, WILLIAMS, JR. and PALLADINO, sitting as a panel of three.
Commonwealth Court of Pennsylvania.
OPINION BY JUDGE MacPHAIL, December 23, 1980:
This is an appeal by Consolidated Rail Corporation (Conrail) from an order adopted on October 4, 1979, by the Pennsylvania Public Utility Commission (PUC) directing Conrail to bear the costs incurred for repair of the bridge carrying Byberry Road over and above the grade of Conrail tracks in the City of Philadelphia (City), to reimburse the City for the costs it...
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