Opinion
Argued February 11, 1971
April 13, 1971.
Appeals consolidated for argument — Stipulation of the parties — Results of one appeal controlled by another.
1. Two appeals having been consolidated for argument and all the parties having agreed that the decision of one appeal should control the results of the other, the court will enter an order in accordance with its opinion in the first appeal. [69]
Argued February 11, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.
Application to the Pennsylvania Public Utility Commission for approval of the construction of crossings in the City of Philadelphia. Approval granted and costs allocated between the parties, seventy-five percent of the relocation costs of the installations of the utilities to be borne by the City. The City appealed to the Superior Court and The Bell Telephone Company of Pennsylvania moved to quash the appeal. Appeal transferred October 20, 1970, to the Commonwealth Court of Pennsylvania. Appeal consolidated for argument with the case of City of Philadelphia, Appellant, and Pennsylvania Department of Transportation, Intervening Appellant, v. Public Utility Commission, Appellee, and The Bell Telephone Company of Pennsylvania, Intervening Appellee, 2 Pa. Commw. 70. The Bell Telephone Company of Pennsylvania moved to quash the appeal. Held: Motion to quash the appeal dismissed, the appeal of Southeastern Transportation Authority is sustained and the Commission's order modified.
J. Freedley Hunsicker, Jr., with him Lewis H. Van Dusen, Jr., David P. Bruton, and Drinker, Biddle Reath, for appellant Southeastern Pennsylvania Transportation Authority.
Herbert G. Zahn, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, for intervening appellant.
Alan R. Squires, Assistant Counsel, with him Edward Munce, Acting Counsel, for Public Utility Commission, appellee.
E. Everett Mather, with him John B. King and Donald F. Clarke, for Bell Telephone Company of Pennsylvania, intervening appellee.
Donald Blanken, with him Eugene J. Bradley and Vincent P. McDevitt, for Philadelphia Electric Company, intervening appellee.
This case was consolidated for argument with the appeal of the City of Philadelphia in No. 996 Transfer Docket 1970. On argument, all parties agreed that the ultimate result of both appeals would be controlled by the decision in the City of Philadelphia appeal. Accordingly, the motion to quash the appeal of SEPTA has been dismissed for the reasons set forth in the appeal of the City of Philadelphia at No. 996 Transfer Docket 1970, and we enter the following
ORDER
The appeal of Southeastern Pennsylvania Transportation Authority is sustained and paragraphs 21 and 22 of the Commission's order dated June 1, 1970, are vacated and set aside and the City of Philadelphia is hereby relieved of any duty to reimburse Philadelphia Electric Company or The Bell Telephone Company of Pennsylvania 75% of the costs herein referred to.
Motion to quash appeal dismissed.