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NORFOLK SOUTHERN RAILWAY CO. v. PUBLIC UTILITY COMM'N

870 A.2d 942 (2005)

NORFOLK SOUTHERN RAILWAY COMPANY and Pennsylvania Lines LLC, Petitioners v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 25, 2005.

Reargument and Reconsideration Denied April 20, 2005.

Attorney(s) appearing for the Case

Gregory W. Rhodes, Pittsburgh, for petitioner.

David A. Salapa, Asst. Counsel, Harrisburg and Stephanie G. Spaulding, Pittsburgh, for respondent.

BEFORE: PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge PELLEGRINI.

Norfolk Southern Railway Company (Norfolk Southern) appeals an order of the Pennsylvania Public Utility Commission (PUC) adopting the recommended decision of the Administrative Law Judge (ALJ) granting the application of the City of Pittsburgh (City) for approval of the alteration of three railroad crossings over the tracks operated by Norfolk Southern in Pittsburgh, Pennsylvania, with the City paying for the initial costs of those alterations...

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