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EQUITABLE GAS CO. v. CITY OF PITTSBURGH

507 Pa. 53 (1985)

488 A.2d 270

EQUITABLE GAS COMPANY and Pennsylvania Public Utility Commission, Appellees, v. CITY OF PITTSBURGH, Louis R. Gaetano, Director, Department of Public Works, City of Pittsburgh, and George Jacoby, Treasurer, City of Pittsburgh, Appellants.

Supreme Court of Pennsylvania.

Decided February 21, 1985.

Reargument Denied June 11, 1985.

Attorney(s) appearing for the Case

D.R. Pellegrini, City Sol., Marvin A. Fein, Deputy City Sol., Pittsburgh, for appellants.

Lawrence B. Nydes, Carroll F. Purdy, Pittsburgh, for Equitable Gas Co.

Richard S. Herskovitz, Harrisburg, for Pa. Public Utility Com'n.

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

OPINION

NIX, Chief Justice.

This is an appeal from an Order of the Commonwealth Court dismissing preliminary objections and granting peremptory judgment in mandamus for Equitable Gas Company ("Equitable") and the Pennsylvania Public Utility Commission ("PUC") against the City of Pittsburgh ("City"). The result reached by the Commonwealth Court seriously undercuts a carefully designed legislative scheme intended to provide the municipality with a right of...

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