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BANKS BROS., INC. v. DEPT. OF TRANS.

No. 1953 C.D. 1982.

83 Pa.Commw. 37 (1984)

Banks Brothers, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

June 4, 1984.

Attorney(s) appearing for the Case

Herman Blumenthal, for appellant.

Thomas J. Hines, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued April 4, 1984, before Judges ROGERS, CRAIG and BARRY, sitting as a panel of three.

OPINION BY JUDGE CRAIG, June 4, 1984:

Banks Brothers, Inc. appeals an order of the Court of Common Pleas of Philadelphia County, which denied its motions for judgment notwithstanding the verdict and new trial following the grant of defendant Pennsylvania Department of Transportation's motion for directed verdict in an action under the Eminent Domain Code.1

We must determine whether the company has a right, under the Code, to personal...

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