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  5. 79 Pa.Commw. 266 (1983)
 

DEPT. OF TRANSPORTATION v. PA. P.U.C.

Nos. 799 C.D. 1982, 814 C.D. 1982 and 870 C.D. 1982.

79 Pa.Commw. 266 (1983)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Borough of Homewood and Borough of Big Beaver, Petitioners v. Pennsylvania Public Utility Commission, Respondent. County of Beaver, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

December 30, 1983.

Attorney(s) appearing for the Case

Stephen Dittman, Assistant Counsel, with him Herbert G. Zahn, Assistant Counsel, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for petitioner, Department of Transportation.

David L. Gropp, for petitioners, Borough of Homewood and Borough of Big Beaver.

Eugene Morris, County Solicitor, with him Daniel M. D'Antonio, Assistant County Solicitor, for petitioner, County of Beaver.

Richard S. Herskovitz, Assistant Counsel, with him John B. Wilson, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent, Pennsylvania Public Utility Commission.

Argued May 11, 1983, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 30, 1983:

The Pennsylvania Department of Transportation (DOT), Borough of Homewood, Borough of Big Beaver and County of Beaver appeal a Pennsylvania Public Utility Commission order assessing costs of reconstruction and future maintenance of the Homewood Viaduct. We affirm.

The Commission determined that the rail-highway crossing was to be demolished and reconstructed, with the cost of said reconstruction to...

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