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COMMONWEALTH'S CROSSTOWN EXP. APPEAL

Appeal No. 999 Tr. Dkt. 1970.

3 Pa.Commw. 1 (1971)

Commonwealth's Crosstown Expressway Appeal.

Commonwealth Court of Pennsylvania.

August 12, 1971.

Attorney(s) appearing for the Case

David A. Johnston, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Fred Speaker, Attorney General, for appellant.

Eugene F. Brazil, for appellee.

Argued February 11, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY PRESIDENT JUDGE BOWMAN, August 12, 1971:

This is an appeal by the Department of Highways (now the Department of Transportation) from the lower court's dismissal of its preliminary objections to the appointment of viewers. The question on appeal is whether the lower court properly concluded that the well pleaded averments of a property owner's petition for the appointment of viewers are legally sufficient to state a cause of action for compensable injury...

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