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PENNDOT v. McGOWAN ET AL.

No. 1383 C.D. 1981 and 1384 C.D. 1981.

68 Pa.Commw. 599 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Gordon H. & Elizabeth A. McGowan and Ronald G. & Beatrice M. Fricker, Appellees. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Gordon H. & Elizabeth A. McGowan and Ronald G. & Beatrice M. Fricker, Appellees.

Commonwealth Court of Pennsylvania.

September 8, 1982.

Attorney(s) appearing for the Case

Sandra L. Guydon, Assistant Counsel, with her Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

William H. Bradbury, with him James J. Oliver, Wright, Manning & Sagendorph, for appellees.

Argued June 11, 1982, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, September 8, 1982:

The Department of Transportation (DOT) has filed two appeals from an order of the Court of Common Pleas of Montgomery County which dismissed its preliminary objections to petitions for the appointment of viewers by the Appellees.1 The appeals were consolidated for argument before this Court. We affirm.

Appellees are the owners of two parcels of land which front on DeKalb Pike in East...

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