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PHILA. PA. ELEC. CO. v. PA. DEPT. OF REV.

No. 1420 C.D. 1983.

114 Pa.Commw. 114 (1988)

538 A.2d 607

Philadelphia Electric Company, Petitioner v. Commonwealth of Pennsylvania, Department of Revenue and Penn Center House, Inc. and Council of 220 West Rittenhouse Square, Respondents.

Commonwealth Court of Pennsylvania.

February 29, 1988.

Attorney(s) appearing for the Case

Charles W. Bowser, Pechner, Dorfman, Wolffe, Rounick & Cabot, for petitioner.

Paul S. Roeder, Deputy Attorney General, with him, Bryan E. Barbin, Deputy Attorney General, LeRoy S. Zimmerman, Attorney General, for respondent, Commonwealth of Pennsylvania, Department of Revenue.

Craig E. Ziegler, Montgomery, McCracken, Walker & Rhoads, for respondent, Penn Center House, Inc.

E. Gerald Donnelly, Jr., with him, Ronald J. Shaffer, of counsel, Fox, Rothschild, O'Brien & Frankel, for respondent, Council of 220 West Rittenhouse Square.

Argued September 16, 1987, before Judges CRAIG, MacPHAIL, BARRY, COLINS, and PALLADINO.

OPINION BY JUDGE BARRY, February 29, 1988:

In this action filed in our original jurisdiction, Philadelphia Electric Company (PECO) has filed a motion for summary judgment against the Commonwealth of Pennsylvania, Penn Center House, Inc. and the Council of 220 West Rittenhouse Square.

The facts as stipulated to by the parties are as follows. PECO, a public utility, provides both electricity and steam...

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