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PennDOT v. JENNINGS ET UX.

Nos. 799 C.D. 1980 and 991 C.D. 1980.

76 Pa.Commw. 453 (1983)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Charles E. Jennings and Mary Ann Jennings, his wife, Appellees.

Commonwealth Court of Pennsylvania.

August 19, 1983.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Assistant Counsel, with him, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

William P. Bresnahan, for appellees.

Argued October 4, 1982, before President Judge CRUMLISH, JR., and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., August 19, 1983:

This matter, an eminent domain case, has arisen from the action of a trial court in granting the condemnees appraisal, attorney and engineering fees pursuant to Section 609 of the Eminent Domain Code.1 The condemnor, Pennsylvania Department of Transportation (DOT), has appealed from an original order, and an amendment thereof, by the Court of Common Pleas of Allegheny County granting such...

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