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TRIAGE, INC. v. PA. P.U.C.

No. 1501 C.D. 1981.

69 Pa.Commw. 230 (1982)

Triage, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent. Brocal Corporation et al., Intervenors.

Commonwealth Court of Pennsylvania.

September 30, 1982.

Attorney(s) appearing for the Case

Joseph A. Meo, with him George Luskus of Markovitz, Luskus, Feinstein & Meo, for petitioner.

Eric A. Rohrbaugh, Assistant Counsel, with him Alfred N. Lowenstein, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent.

Gerald Gornish, Wolf, Block, Schorr and Solis-Cohen, for intervenors, Brocal Corp., t/d/b/a Alert Medical Carriers and Alert Medical Transport.

Raymond A. Thistle, Jr., for intervenor, Professional Paramedical Services, Inc.

Michael A. Tier, for intervenor, Medical Carriers, Inc.

Argued June 11, 1982, before Judges BLATT, WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., September 30, 1982:

This is an appeal from a sua sponte determination by the Pennsylvania Public Utility Commission (Commission) that the application of Triage, Inc. (Triage) for carrier authority is beyond the scope of its statutory jurisdiction. We vacate and remand.

Triage applied for a Certificate of Public Convenience to transport handicapped, disabled, elderly, or wheelchair-bound persons "who require assistance...

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