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LAKEWOOD MEMORIAL GARDENS APPEAL

381 Pa. 46 (1955)

Lakewood Memorial Gardens, Inc. Appeal.

Supreme Court of Pennsylvania.

March 14, 1955.

Attorney(s) appearing for the Case

George J. Barco, with him Yolanda G. Barco, Grace D. Moore and Barco & Barco, for appellant.

John D. McIntyre, with him Harry C. Pepper, Robert L. Rubendall, Deputy Attorney General, Frank F. Truscott, Attorney General, and Reed, Smith, Shaw & McClay, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE JONES, March 14, 1955:

This appeal arises out of an eminent domain proceeding. The sole question for decision is the date of the taking. There are no factual disputes, the parties having stipulated, agreeably to our Rule 41, the facts essential to a decision.

On June 14, 1949, the Pennsylvania Turnpike Commission, pursuant to the Western Pennsylvania Turnpike Extension Act of 1941, P.L. 101, as...

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