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WERNER v. COMMONWEALTH

416 Pa. 356 (1965)

Werner v. Commonwealth, Appellant. Commonwealth v. Burns, Appellant.

Supreme Court of Pennsylvania.

Argued October 8, 1964.

January 5, 1965.

Attorney(s) appearing for the Case

George R. Specter, Assistant Attorney General, with him John R. Rezzolla, Chief Counsel, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

Donald R. McKay, with him Martin E. Cusick, Errol Fullerton, and Cusick, Madden, Joyce, Acker and McKay, for appellees.

James H. Stewart, Jr., with him J. Ross McGinnes, and Nauman, Smith, Shissler & Hall, for appellants.

Raymond Miller, Deputy Attorney General, with him Walter E. Alessandroni, Attorney General, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, January 5, 1965:

Both these cases involve appeals from dismissals by lower courts of exceptions taken to reports filed by boards of viewers in condemnation proceedings. Pursuant to the statutes involved the exceptions in the Werner case were raised in the quarter sessions court, June 1, 1945, P.L. 1242, §§ 303, 304, 36 P.S. §§ 670-303, 304 while the exceptions in the Burns case were raised in the court...

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