COMMONWEALTH v. B&LE R.R. CO.

Nos. 447 T.D. 1970, 235 C.D. 1974, 236 C.D. 1974, 237 C.D. 1974, 238 C.D. 1974, 338 C.D. 1974, 555 C.D. 1975, 1212 C.D. 1975, 1554 C.D. 1979, 1556 C.D. 1979, and 1558 C.D. 1979.

61 Pa.Commw. 121 (1981)

Commonwealth of Pennsylvania v. Bessemer and Lake Erie Railroad Company, Appellant. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Bessemer and Lake Erie Railroad Company, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

August 7, 1981.


Attorney(s) appearing for the Case

David McNeil Olds, with him Carl F. Chronister, Edward T. Baker and Donald J. Harrell, Reed, Smith, Shaw & McClay, for appellant.

Eugene J. Anastasio, Deputy Attorney General, for appellee.

Argued October 7, 1980, before President Judge CRUMLISH and Judges MENCER, ROGERS, MacPHAIL and PALLADINO. Reargued November 18, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., ROGERS, BLATT, CRAIG, WILLIAMS, JR. and PALLADINO. Submitted on briefs to President Judge CRUMLISH and Judges MENCER, ROGERS, BLATT, WILLIAMS, JR., CRAIG, MacPHAIL and PALLADINO.


OPINION BY JUDGE CRAIG, August 7, 1981:

The Bessemer and Lake Erie Railroad Company (B&LE) and the Commonwealth have cross-filed exceptions to our opinion and orders of March 5, 1981, reported at 57 Pa.Commw. 340, 427 A.2d 699 (1981), in this capital stock valuation case under the Act of June 1, 1889, P.L. 420, and its repealer and successor statute, the Act of...

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