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DEPT. OF TRANS. v. GWILLIAM ET UX.

No. 2403 C.D. 1980.

63 Pa.Commw. 174 (1981)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. George E. Gwilliam, Jr. and Nancy R. Gwilliam, his wife, Appellees.

Commonwealth Court of Pennsylvania.

December 14, 1981.

Attorney(s) appearing for the Case

Peter J. Comerota, with him Ward T. Williams, Chief Counsel, for appellant.

William R. Keller, for appellees.

Submitted on briefs November 18, 1981, to Judges MENCER, BLATT and CRAIG, sitting as a panel of three.

PER CURIAM MEMORANDUM AND ORDER, December 14, 1981:

Private property owners, the appellees here, instituted this de facto condemnation case by filing a petition for appointment of viewers with the Common Pleas Court of Luzerne County, alleging injury to their property as a consequence of a sewer line installation and the resurfacing of a state road by a sewer authority pursuant to permit issued by Pennsylvania Department of Transportation, which is here the appellant...

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