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HOFFMAN v. COMMONWEALTH

422 Pa. 144 (1966)

Hoffman v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

June 24, 1966.

Attorney(s) appearing for the Case

Edward D. Werblun, Assistant Attorney General, with him Michael R. Deckman, Assistant Attorney General, John R. Rezzolla, Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

James E. O'Brien, with him Joseph J. Cimino, for appellee.

William P. Farrell, with him Jerome P. Casey, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, June 24, 1966:

Catherine Hoffman is the owner of land1 in Lackawanna County comprising approximately 4.6 acres. Improvements thereon include a large drive-in restaurant and a private residence. A portion of the land leased to Gerard X. Powell was used since 1959 for the maintenance and operation of a commercial miniature golf course.

On January 9, 1963, approximately .98 of an acre of the Hoffman land...

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