Equitable Gas Co. v. Pa. Dept. of Transp

Full title: EQUITABLE GAS COMPANY, A DIVISION OF EQUITABLE RESOURCES, INC., Appellant…

Court: Supreme Court of Pennsylvania

Date published: Mar 11, 1987

522 A.2d 46 (Pa. 1987)

522 A.2d 46

Opinion

Argued March 10, 1987

Decided March 11, 1987.

Appeal No. 17 W.D. Appeal Docket, 1986 from the Order of the Commonwealth Court of Pennsylvania entered February 4, 1986 at No. 1596 C.D., 1985.

Dennis J. Lewis, Alder Cohen Grigsby, P.C., Pittsburgh, for appellant.

Craig A. Doll, Harrisburg, for Dane Baird Investments, Inc., PFP Pipeline Co. and Dane Baird, President.

Michael H. Kline, Spencer A. Manthorpe, Harrisburg, Dept. of Transp., for Dept. of Transp. and Thomas D. Larson.

Norman J. Kennard, Richard J. Gmerek, Tucker Arensberg, P.C., Harrisburg, for Guardian Industries Corp. and J.W. Wells Acquisition Corp.

Prior report 94 Pa. Commw. 591, 504 A.2d 402.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

ORDER

PER CURIAM.

AND NOW, this 10th day of March, 1987, this matter being improperly filed in this Court as a direct appeal, is now being treated as a Petition for Allowance of Appeal pursuant to Rule 1112 of the Rules of Appellate Procedure, 42 Pa.C.S.A. § 724(a) and is hereby denied.

LARSEN and ZAPPALA, JJ., dissent.