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CITY OF PHILA. v. PA. P.U.C.

No. 3104 C.D. 1981.

73 Pa.Commw. 325 (1983)

City of Philadelphia, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Philadelphia Electric Company et al., Intervenors.

Commonwealth Court of Pennsylvania.

April 7, 1983.

Attorney(s) appearing for the Case

Kenneth L. Fox, Assistant City Solicitor, with him Herbert Smolen, Deputy City Solicitor, and Alan J. Davis, City Solicitor, for petitioner.

John J. Gallagher, Assistant Counsel, with him John B. Wilson, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.

Rudolph A. Chillemi, Assistant General Counsel, with him Eugene J. Bradley, Associate General Counsel, and Edward G. Bauer, Jr., Vice President and General Counsel, for intervenor, Philadelphia Electric Company.

William M. Posner, with him Donald F. Clarke, for intervenor, The Bell Telephone Company of Pennsylvania.

Argued February 3, 1983, before Judges ROGERS, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE ROGERS, April 7, 1983:

The City of Philadelphia has appealed those portions of an order of the Pennsylvania Public Utility Commission which direct the city to pay to intervenors, The Bell Telephone Company of Pennsylvania and Philadelphia Electric Company, sums equal to 100 per cent of the actual costs to them of relocating their facilities from the area of the crossing, above grade, where...

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