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D & H CORP. v. PUBLIC UTILITY COM'N

149 Pa.Commw. 507 (1992)

613 A.2d 622

D & H CORPORATION, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 4, 1992.

Attorney(s) appearing for the Case

Joseph A. O'Brien, for petitioner.

David A. Salapa, Asst. Counsel, for respondent.

Before PALLADINO and FRIEDMAN, JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

In this case of first impression, this Court must determine whether the Pennsylvania Public Utility Commission (PUC) has the authority to order D & H Corporation (D & H) to pay 50% of future maintenance costs of a highway bridge which crosses over certain of D & H's rail lines in Luzerne County (crossing).

On May 9, 1984, the Department of Transportation (DOT) filed...

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