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GEORGE ET AL. v. DEPT. OF TRANSPORTATION.

No. 1401 C.D. 1980.

70 Pa.Commw. 574 (1982)

Thomas George, Jr. and George Allen, Executors of the Estate of Roy Allen, Tenants in Partnership t/a Lehigh Stripping Co., Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

December 28, 1982.

Attorney(s) appearing for the Case

Alan A. Turner, with him Thomas B. Rutter, Thomas B. Rutter, LTD, for appellants.

Patrick J. LaVelle, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued June 10, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 28, 1982:

The Schuylkill County Common Pleas Court, by order, denied Thomas George, Jr., and George Allen's (condemnees) motion for a new trial. Condemnees appeal. We reverse and remand.

In June, 1966, the Commonwealth filed a Declaration of Taking condemning a portion of condemnees' property for construction of Interstate 81. A Board of View assessed damages at $70,000; on appeal by the Commonwealth, a jury...

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