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COM. v. NAT. GETTYSBURG B.T., INC.

454 Pa. 193 (1973)

Commonwealth, Appellant, v. National Gettysburg Battlefield Tower, Inc.

Supreme Court of Pennsylvania.

October 3, 1973.

Attorney(s) appearing for the Case

Israel Packel, Attorney General, with him Lawrence Silver, Justin Blewitt and David Kurtz, Deputy Attorneys General, for appellants.

Jerome H. Gerber, with him Handler, Gerber, Widmer and Weinstock, for appellees.

Philip Weinberg, Assistant Attorney General, with him Joel H. Sachs, Assistant Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Louis J. Lefkowitz, Attorney General, for State of New York, amicus curiae.

Robert E. Woodside, for amicus curiae.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE O'BRIEN, October 3, 1973:

On July 3, 1971, National Gettysburg Battlefield Tower, Inc. (the Tower Corporation) and Thomas R. Ottenstein, two of the appellees, negotiated an agreement with the United States Government, acting through the Director of the National Park Service, in which the Tower Corporation conveyed certain land to the government and agreed to abandon construction of an observation tower...

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