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PENNDOT v. PA. P.U.C. ET AL.

No. 210 C.D. 1980.

64 Pa.Commw. 299 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Pennsylvania Public Utility Commission et al., Respondents. Philadelphia Suburban Water Company, Intervenor.

Commonwealth Court of Pennsylvania.

January 29, 1982.

Attorney(s) appearing for the Case

Herbert G. Zahn, Assistant Attorney General, with him Stephen Dittman, Assistant Counsel, Ward T. Williams, Chief Counsel-Transportation, Jay C. Waldman, General Counsel, and Harvey Bartle, III, Acting Attorney General, for petitioner.

Barry J. Grossman, Assistant Counsel, with him Richard S. Herskovitz, Assistant Counsel, Alfred N. Lowenstein, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent, Pennsylvania Public Utility Commission.

David B. Gregor, with him Kenneth R. Myers and William N. Farran, III, of counsel: Morgan, Lewis & Bockius, for intervenor, Philadelphia Suburban Water Company.

Argued November 20, 1981, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 29, 1982:

This case presents for our review one aspect of a protracted effort by Upper Merion Township, Montgomery County, Pennsylvania, to alleviate a hazardous condition created by a highway bridge spanning the railroad right-of-way of the Southeastern Pennsylvania Transportation Authority (SEPTA). Specifically, the Pennsylvania Department of Transportation (PennDOT) here challenges that portion of an order of the Pennsylvania Public...

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