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ALLEGHENY CO. PORT AUTH. v. FLAHERTY

Appeal, No. 431 C.D. 1972.

6 Pa.Commw. 135 (1972)

Allegheny County Port Authority v. Flaherty.

Commonwealth Court of Pennsylvania.

July 17, 1972.

Attorney(s) appearing for the Case

Gary H. McQuone, with him Ruffin, Hazlett, Perry and Lonergan, for appellant.

Frederick A. Boehm, First Assistant City Solicitor, with him Eugene B. Strassburger, III, Executive Assistant City Solicitor, Daniel M. Curtin, Assistant City Solicitor, and Ralph Lynch, Jr., City Solicitor, for appellee.

Argued June 6, 1972, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE ROGERS, July 17, 1972:

The Port Authority of Allegheny County (Authority) here sought judgment in mandamus compelling the mayor of the City of Pittsburgh to execute deeds conveying to the Authority certain premises in which the city has an interest. The premises are (1) a property included between parallel planes, each 33 feet wide, located respectively 826.08 and 854.25 feet above sea level, being an unused railway tunnel, and (2) a parcel adjacent...

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