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NORFOLK SOUTHERN RY. v. PENNSYLVANIA PUC

875 A.2d 1243 (2005)

NORFOLK SOUTHERN RAILWAY COMPANY, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 10, 2005.

Attorney(s) appearing for the Case

Benjamin C. Dunlap, Jr., Harrisburg, for petitioner.

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

Shawn N. Gallagher, Pittsburgh, for intervenor, Harmar Township.

BEFORE: COLINS, President Judge, and FRIEDMAN, Judge, and COHN JUBELIRER, Judge.

OPINION BY Judge FRIEDMAN.

Norfolk Southern Railway Company (Norfolk) petitions for review of the October 5, 2004, order of the Pennsylvania Public Utility Commission (PUC), which, inter alia: (1) denied Norfolk's exceptions to the recommended decision of the Administrative Law Judge (ALJ) to "grant" the Complaint filed against Norfolk by Harmar Township (Township); (2) denied Norfolk's motion to dismiss that Complaint for lack of subject matter jurisdiction...

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