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CITY OF PHILA. v. PHILADELPHIA ELEC.

504 Pa. 312 (1984)

473 A.2d 997

CITY OF PHILADELPHIA, Appellee, v. PHILADELPHIA ELECTRIC COMPANY, Pennsylvania Public Utility Commission and Bell Telephone Company of Pennsylvania, Appellants.

Supreme Court of Pennsylvania.

Decided March 16, 1984.

Attorney(s) appearing for the Case

Edward G. Bauer, Jr., Eugene J. Bradley, John J. Gallagher, Donald F. Clarke, William M. Posner, Philadelphia, for appellant.

Jerry Rich, John J. Gallagher, John B. Wilson, Harrisburg, for Pa. P.U.C.

William M. Posner, Philadelphia, for Bell of Pa.

Michael B. Tolcott, Philadelphia, for City of Philadelphia.

Rudolph A. Chillemi, Philadelphia, for Phila. Elec. Co.

Leroy S. Zimmerman, Atty. Gen., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

NIX, Chief Justice.

The question raised by the instant appeals is whether the existence of a permit to occupy a rail-highway crossing, issued by a municipality to a public utility on the condition that the utility assume financial responsibility for any relocation of its facilities necessitated by a public project, divests the Pennsylvania Public Utility Commission ("Commission") of jurisdiction to allocate...

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