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DUNK ET UX. v. MANUFRS. LIGHT AND HEAT CO.

No. 1262 C.D. 1978.

52 Pa.Commw. 85 (1980)

Charles S. Dunk and Bella M. Dunk, his wife, Appellants v. Manufacturers Light and Heat Company, Appellee.

Commonwealth Court of Pennsylvania.

June 6, 1980.

Attorney(s) appearing for the Case

Thomas E. Martin, Jr., for appellants.

Robert S. Gawthrop, Jr., with him Donald R. Hayes, Gawthrop & Greenwood, for appellee.

Argued April 9, 1980, before Judges MENCER, ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MENCER, June 6, 1980:

In March of 1973, Charles S. Dunk and Bella M. Dunk, his wife (condemnees), commenced an action in ejectment against the Manufacturers Light and Heat Company (condemnor), contending that the condemnor had installed a pipeline outside the physical limits of the easement earlier condemned and upon other lands of the condemnees.

Following a trial, the Honorable LEONARD SUGARMAN of the Court of Common Pleas of Chester County...

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