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NORFOLK SOUTHERN R. CO. v. PUBLIC UTILITY

No. 143 MAL 2012.

50 A.3d 123 (2012)

NORFOLK SOUTHERN RAILWAY COMPANY, Respondent v. PUBLIC UTILITY COMMISSION, Petitioner Pennsylvania Department of Transportation, County of Lancaster, East Hempfield Township, Intervenors.

Supreme Court of Pennsylvania.

July 31, 2012.

ORDER

PER CURIAM.

AND NOW, this 31st day of July 2012, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

(1) Did the Commonwealth Court depart from accepted judicial practice or abuse its discretion when the court ignored the plain language of Section 2704(a) of the Public Utility Code, 66 Pa.C.S. § 2704(a), and held that where "a railroad pays to operate on a rail line...

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