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FARRINGTON ET AL. v. PENNDOT

No. 504 C.D. 1977.

35 Pa.Commw. 373 (1978)

Vivian O. Farrington, Ronald J. Farrington and Bruce J. Farrington, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

May 19, 1978.

Attorney(s) appearing for the Case

Gregory J. Dean, for appellants.

Martin Burman, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General — Chief Counsel, and Robert P. Kane, Attorney General, for appellee.

Argued April 6, 1978, before Judges WILKINSON, JR., BLATT and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, May 19, 1978:

This is an appeal by Vivian O. Farrington, Bruce J. Farrington, and Ronald J. Farrington (Condemnees), from an order of the Court of Common Pleas of Montgomery County granting the petition of the Commonwealth of Pennsylvania, Department of Transportation (Condemnor) to strike the Condemnees' praecipe to withdraw their appeal from the award of the Board of View.

On May 12, 1971, a declaration of taking was filed by Condemnor...

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