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EXXON CORP. v. DEPT. of TRANSPORTATION

Appeals, Nos. 277 and 278 C.D. 1973.

10 Pa.Commw. 301 (1973)

Exxon Corporation, Condemnee, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Condemnor, and Richard E. and Mary L. Law, Condemnees, Appellees. Exxon Corporation, Condemnee, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Condemnor, Appellee.

Commonwealth Court of Pennsylvania.

October 17, 1973.

Attorney(s) appearing for the Case

Robert C. Spitzer, with him Nauman, Smith, Shissler & Hall, for appellant.

Jerry R. Richwine, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for condemnor-appellee.

Brett A. Huckabee, with him Frederick G. McGavin, for condemnee-appellee.

Argued September 10, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, October 17, 1973:

In these eminent domain proceedings, the Commonwealth (Condemnor) filed a single declaration of taking for five (5) tracts of land, the parties in interest therein being five separate and distinct owners, and four lessees. Each of the condemnees was assigned a separate docket number by the Prothonotary, with Richard E. and Mary L. Law (lessors-condemnees) being assigned 170-F and the Humble Oil & Refining Company ...

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