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FINSEL, ET AL. v. PA. DEPT. OF TRANSP.

No. 667 C.D. 1975.

22 Pa.Commw. 474 (1975)

Julian O. Finsel, Carmelita A. Finsel, Sammy F. Gullone and Margaret Gullone, Appellants, v. Commonwealth of Pennsylvania — Department of Highways, now the Pennsylvania Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

December 31, 1975.

Attorney(s) appearing for the Case

George W. Westervelt, Jr., with him Cohen, Royle and Ticktin, for appellants.

Patrick J. Lavelle, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued October 8, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, ROGERS and BLATT. Judges KRAMER and WILKINSON, JR., did not participate.

OPINION BY JUDGE BLATT, December 31, 1975:

This is an appeal from an order of the Court of Common Pleas of Carbon County sustaining the preliminary objections of the Commonwealth of Pennsylvania, Department of Transportation (PennDOT) to a petition for the appointment of viewers filed by the appellants pursuant to Section 502 of the Eminent Domain Code.1

On March 18, 1969...

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