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COWELL v. COMMONWEALTH

Appeal, No. 735 C.D. 1971.

6 Pa.Commw. 574 (1972)

Cowell v. Commonwealth.

Commonwealth Court of Pennsylvania.

November 29, 1972.

Attorney(s) appearing for the Case

W. Richard Cowell, for appellant.

David A. Johnston, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellee.

Argued November 1, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, November 29, 1972:

This case arose out of a Declaration of Taking filed September 1, 1970, condemning a portion of appellant's property. Preliminary objections were filed pursuant to Section 406 of the Eminent Domain Code, Act of June 22, 1964, Special Session, P.L. 84, Art. IV, 26 P.S. § 1-406. After hearing the preliminary objections were dismissed and this appeal was taken...

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