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SCAVO v. COM. OF PA., DEPT. OF HWYS.

439 Pa. 233 (1970)

Scavo v. Commonwealth of Pennsylvania, Department of Highways, Appellant.

Supreme Court of Pennsylvania.

July 2, 1970.

Attorney(s) appearing for the Case

David A. Johnston, Jr., Assistant Attorney General, with him William C. Sennett, Attorney General, for Commonwealth, appellant.

Joseph E. Gallagher, with him O'Malley, Morgan, Bour & Gallagher, for appellee.

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

OPINION BY MR. JUSTICE COHEN, July 2, 1970:

This is an eminent domain action in which the Commonwealth is appealing from a judgment of the Court of Common Pleas of Lackawanna County.

A 10.94 acre tract on the northern side of Moosic Street in the City of Scranton belonging to Angelo and Frank Scavo, appellees, was condemned by the Department of Highways of the Commonwealth for the purpose of constructing Interstate I-81. This occurred on October 1, 1962, and...

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