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PA. P.U.C. v. NORFOLK AND WEST. RY. CO.

No. 212 C.D. 1981.

75 Pa.Commw. 420 (1983)

Pennsylvania Public Utility Commission, Plaintiff v. Norfolk and Western Railway Company, Defendant. United Transportation Union, Intervening Party Plaintiff.

Commonwealth Court of Pennsylvania.

July 8, 1983.

Attorney(s) appearing for the Case

Terrance J. Fitzpatrick, Assistant Counsel, with him Barry J. Grossman, Assistant Counsel, Charles F. Hoffman and Joseph J. Malatesta, Jr., Chief Counsels, and Alfred N. Lowenstein, Deputy Chief Counsel, for plaintiff.

H. Woodruff Turner, with him Alexander C. Black, Kirkpatrick, Lockhart, Johnson & Hutchison, and Henry D. Light, Assistant General Counsel, for defendant.

Thomas P. Shearer, for intervening party plaintiff.

Argued May 12, 1983, before Judges BLATT, MacPHAIL and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, July 8, 1983:

On February 3, 1981, the Public Utility Commission (PUC) filed a complaint in mandamus, addressed to our original jurisdiction, seeking enforcement of a 1977 PUC order which directed the Norfolk and Western Railway Company (N & W) to discontinue the operation of any of its locomotives in Pennsylvania which were not equipped with "a flush type toilet or similar device...

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