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BORO. OF WHITE OAK v. COM., DEPT. OF TRANS.

No. 1509 C.D. 1975.

25 Pa.Commw. 432 (1976)

Borough of White Oak, Plaintiff v. Commonwealth of Pennsylvania, Department of Transportation, Defendant.

Commonwealth Court of Pennsylvania.

July 9, 1976.

Attorney(s) appearing for the Case

Edward J. Osterman, with him Evan E. Lloyd, and Eddy, Osterman & Lloyd, for plaintiff.

Stuart J. Moskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant.

Argued June 7, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER and BLATT. Judges KRAMER and ROGERS did not participate.

OPINION BY JUDGE WILKINSON, July 9, 1976:

This action in mandamus is brought by the plaintiff in an endeavor to compel the defendant to complete the construction of an expressway or to divest itself of the land it has acquired for that purpose. Defendant has filed preliminary objections raising the following 3 questions as framed in its brief:

"1. Does mandamus lie to compel a government agency given discretionary powers to exercise those powers in a specific...

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