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FRANCHISE REALTY I.C. v. GEN. ST. AUTH.

Appeal, No. 805 C.D. 1972.

8 Pa.Commw. 483 (1973)

Franchise Realty Interstate Corporation v. General State Authority.

Commonwealth Court of Pennsylvania.

April 25, 1973.

Attorney(s) appearing for the Case

Edward B. Friedman, with him Arnold M. Friedman, for appellant.

H. Warren Ragot, with him Michael A. Madar, for appellee.

Argued March 6, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, April 25, 1973:

This is an appeal from the lower court's dismissal of appellant-tenant's petition for payment to it of estimated just compensation under Section 407 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, 26 P.S. § 1-407. The lower court concluded that its appointment of viewers shortly after the aforesaid petition was filed mooted appellant's petition. We affirm the lower court but for entirely...

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