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STAIR ET UX. v. COMMONWEALTH.

No. 686 C.D. 1976.

28 Pa.Commw. 457 (1977)

Ezra C. Stair and Lois A. Stair, His Wife v. Commonwealth of Pennsylvania, for the use of the Pennsylvania Game Commission. Ezra C. Stair and Lois A. Stair, His Wife, Appellants.

Commonwealth Court of Pennsylvania.

February 4, 1977.

Attorney(s) appearing for the Case

N. Brian Caverly, with him John C. Eichorn, and Aston, Fine, McHugh, Caverly, Wetzel & Geist, P.C. for appellants.

Jeffrey Cooper, Assistant Attorney General, with him Benjamin B. Solomon, Assistant Attorney General, Norman J. Watkins, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued December 10, 1976, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, February 4, 1977:

This appeal arises from an order of the Board of Property (Board) dismissing appellants' petition for want of jurisdiction. We reverse and remand.

Appellants allege ownership of certain culm banks located on land acquired by the Commonwealth for the use of the Pennsylvania Game Commission. All parties agree that the culm banks constitute personal property.1 Appellants claim title to...

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