BROCAL CORP. v. COM., DEPT. OF TRANSP.


515 Pa. 224 (1987)

528 A.2d 114

BROCAL CORP. t/d/b/a Alert Transportation Company, Care & Emergency, Inc.; Medi-Call Ambulance Service, Inc. t/d/b/a Medi-Call Paratransit and t/d/b/a Keystone Transportation Services; Medical Carriers, Inc.; O'Steen Transportation Corp.; and Professional Paramedical Services, Inc., Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, and Hon. Dick Thornburgh, Governor, Appellees.

Supreme Court of Pennsylvania.

Decided June 12, 1987.

Reargument Denied October 14, 1987.


Attorney(s) appearing for the Case

Gerald Gornish, Richard L. Berkman, John J. Gallagher, Philadelphia, Raymond A. Thistle, Jr., Jenkintown, Michael A. Tier, Philadelphia, for appellants.

Allen C. Warshaw, Kate L. Mershimer, Deputy Atty. Gen., Harrisburg, Alan Kahn, Philadelphia, William Alvah Stewart, Pittsburgh, Niles Schore, Clearfield, for appellees.

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


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

HUTCHINSON, Justice.

This case deals with appellee's, Commonwealth of Pennsylvania, Department of Transportation's (PennDOT's), promulgation of new regulations, 67 Pa.Code §§ 425.1-425.15, governing reimbursement of transit companies which provide "shared ride" transportation to senior citizens under the Pennsylvania Urban Mass Transportation Law (Transportation Law), Act of January 22, 1968, P.L. 42...

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