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DANNEMANN APPEAL

No. 303 C.D. 1978.

44 Pa.Commw. 445 (1979)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of Right of Way for Legislative Route 1088, Section A10, a Limited Access Highway in Towanda and North Towanda Townships and the Borough of Towanda. Charles J. and Janice M. Dannemann, Appellants.

Commonwealth Court of Pennsylvania.

July 26, 1979.

Attorney(s) appearing for the Case

Basil C. Clare, for appellants.

Peter J. Comerota, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General-Chief Counsel, for appellee.

Argued March 5, 1979, before Judges CRUMLISH, JR., ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, July 26, 1979:

This is an appeal from an order of the Court of Common Pleas of Bradford County denying Charles J. and Janice M. Dannemanns' (Plaintiffs) motions for judgment N.O.V. and for a new trial.

On June 10, 1971, the Commonwealth of Pennsylvania, Department of Transportation (Commonwealth) filed a Declaration of Taking, appropriating 42.849 of Plaintiffs' original 320 acres and temporarily utilizing 0.1722 acres in the course...

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