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CITY OF PHILADELPHIA v. CONSOLIDATED RAIL CORP.

747 A.2d 352 (2000)

CITY OF PHILADELPHIA and Pennsylvania Public Utility Commission, Appellees, v. CONSOLIDATED RAIL CORPORATION and National Railroad Passenger Corporation, Appellants.

Supreme Court of Pennsylvania.

Decided February 24, 2000.

Attorney(s) appearing for the Case

Dennis M. Moore, Washington, DC, for National Railroad Passenger Corp.

Laurence Z. Shiekman, Joann Hyle, Philadelphia, Stacey A. Mufson, San Francisco, CA, Larry R. Wood, Jr., Philadelphia, for Consolidated Rail Corp.

Bohdan R. Pankiw, Chief Counsel, Robert J. Longwell, Deputy Chief Counsel, Maryanne Reynolds Martin and Susan D. Colwell, Asst. Counsel, for PA Public Utility Comn.

Kenneth A. Murphy, Gaetan J. Alfano, Gerald T. Clark, Philadelphia, for City of Philadelphia.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The United States Court of Appeals for the District of Columbia Circuit, pursuant to our recently adopted procedures for certification of questions of Pennsylvania law from the federal courts, see 204 Pa. Code § 29.451, petitioned for certification of the following question: Upon completion in 1929 of the re-building of the 41st Street bridge in the City of Philadelphia, was the bridge owned by the...

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