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KRISS et ux. v. PA. TURNPIKE COMMISSION

Original jurisdiction, No. 1097 C.D. 1971.

6 Pa.Commw. 223 (1972)

Kriss, et ux. v. Pennsylvania Turnpike Commission.

Commonwealth Court of Pennsylvania.

July 31, 1972.

Attorney(s) appearing for the Case

Charles B. Zwally, with him Lloyd R. Persun, Shearer, Mette, Hoerner & Woodside, John P. Lavelle and Shutack, Lavelle & Lavelle, for plaintiffs.

Jay R. Braderman, Assistant General Counsel, with him George H. Shaffer, Assistant Counsel, and John R. Rezzolla, Jr., General Counsel, for defendant.

Argued May 4, 1972, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE CRUMLISH, JR., July 31, 1972:

Plaintiffs, in this action,1 seek injunctive relief and monetary damages for injuries allegedly caused by the continuing trespass of the defendant Turnpike Commission.

The pertinent facts are as follows: At all times material to this case the plaintiffs have owned approximately 1,000 acres of real estate in Franklin Township...

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