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JENNINGS ET UX. v. PennDOT

No. 244 Miscellaneous Docket.

38 Pa.Commw. 206 (1978)

Charles E. Jennings and Mary Ann Jennings, his wife v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

October 20, 1978.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General-Chief Counsel, and Robert P. Kane, Attorney General, for appellant.

William P. Bresnahan, with him O'Donnell, Bresnahan, Caputo and Capristo, for appellees.

Argued May 4, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 20, 1978:

The Pennsylvania Department of Transportation (PennDOT) has appealed from an interlocutory protective order in limine of the Court of Common Pleas of Allegheny County which prohibited it from introducing evidence of less than a total de facto taking in an eminent domain proceeding involving property owned by Charles E. and Mary Ann Jennings (Jennings). We allowed the appeal pursuant to Pa.R.A.P. 1311.

On June 9, 1975...

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