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UNITED PARCEL SERVICE v. PUBLIC UTILITY

933 A.2d 672 (2007)

UNITED PARCEL SERVICE, INC., Petitioner v. PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 15, 2007.

Reargument Denied October 3, 2007.

Attorney(s) appearing for the Case

Carl A. Solano and William M. Barnes, Philadelphia, for petitioner.

Lawrence F. Barth, Asst. Counsel, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, and COLINS, Judge, and SMITHRIBNER, Judge, and PELLEGRINI, Judge, and FRIEDMAN Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

United Parcel Service (UPS) seeks review of an interlocutory order of the Public Utility Commission (Commission) that was certified to this Court by the Commission in the belief that an immediate appeal would facilitate resolution of the entire case. Commission Order of July 20, 2006, at p. 10. UPS contends that the Commission does not have the authority to group all common carriers into one utility group

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