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COUNTY OF ERIE v. VERIZON NORTH, INC.

879 A.2d 357 (2005)

COUNTY OF ERIE, Pennsylvania, Appellant v. VERIZON NORTH, INC., formerly GTE North, Inc.

Commonwealth Court of Pennsylvania.

Decided July 12, 2005.

Attorney(s) appearing for the Case

David F. Dieteman, Erie, for appellant.

Norman James Kennard, Harrisburg, for appellee.

BEFORE: COLINS, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN JUBELIRER.

The County of Erie (County) appeals from an order of the Court of Common Pleas of Erie County, which, after it concluded that primary jurisdiction over the matter lies with the Public Utility Commission (PUC), sustained Verizon North, Inc.'s (Verizon) jurisdictional preliminary objection and dismissed County's Complaint without prejudice. County's complaint alleged that Verizon did not fulfill its financial responsibilities regarding...

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