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KUNKEL ESTATE v. COUNTY OF DAUPHIN

No. 196 C.D. 1976.

26 Pa.Commw. 587 (1976)

Estate of John C. Kunkel, Deceased v. County of Dauphin. Estate of John C. Kunkel, Deceased, Appellant.

Commonwealth Court of Pennsylvania.

October 18, 1976.

Attorney(s) appearing for the Case

Donn L. Snyder, with him Berman, Boswell, Snyder & Tintner, for appellant.

Robert L. Knupp, Assistant Solicitor, for appellee.

Argued September 14, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., October 18, 1976:

The present appeal concerns the propriety of the trial judge's order directing the Estate of John C. Kunkel, Appellant, to file a remittitur or suffer the granting of the County of Dauphin's, Appellee, motion for a new trial.

This controversy arose when Appellee filed a Declaration of Taking involving, inter alia, land owned by Appellant. Appellant, dissatisfied with the award of the Board of...

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