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WHEELING & LAKE ERIE RAILWAY CO. v. PA PUBLIC UTILITY COM'N

778 A.2d 785 (2001)

WHEELING & LAKE ERIE RAILWAY COMPANY, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 11, 2001.

Attorney(s) appearing for the Case

Richard R. Wilson, Altoona, for petitioner.

Lawrence F. Barth, Harrisburg, for respondent.

Jason D. Sharp, Harrisburg, for intervenor, Dept. of Transportation.

Before LEADBETTER, J., and FLAHERTY Senior Judge, and MIRARCHI, Senior Judge.

MIRARCHI, Senior Judge.

Wheeling & Lake Erie Railway Company (Wheeling Railway) appeals from an order of the Pennsylvania Public Utility Commission (PUC) directing Wheeling Railway to, inter alia, remove the existing rail-highway crossing bridge and construct a new bridge at its sole costs, as recommended by the administrative law judge (ALJ).

The issues on appeal...

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