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  5. 16 Pa.Commw. 623 (1975)
 

BORO OF BIG RUN, APLNT. v. SHAW, ET AL.

Nos. 260 and 261 C.D. 1974.

16 Pa.Commw. 623 (1975)

Borough of Big Run, Appellant, v. Katherine P. Shaw, Appellee. Borough of Big Run, Appellant, v. Carl S. Keller and Barbara Keller, Appellees.

Commonwealth Court of Pennsylvania.

January 7, 1975.

Attorney(s) appearing for the Case

Marc Katzen, with him A. Ted Hudock, for appellant.

Robert T. Barletta, with him Robert V. Maine, and Maine and Fennell, for appellees, Keller and Keller.

Robert V. Maine, with him Maine and Fennell, for appellee, Shaw.

Argued November 7, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, ROGERS and BLATT. Judges KRAMER and WILKINSON, JR., did not participate.

OPINION BY JUDGE MENCER, January 7, 1975

This is another appeal where the litigants do not differ on the applicable law but only on its application to the factual situation which produced the dispute.

The Borough of Big Run decided to open a new street and filed declarations of taking pursuant to the provisions of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, as amended, 26 P.S. §...

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