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McCULLOUGH v. PennDOT

No. 1454 C.D. 1987.

116 Pa.Commw. 215 (1988)

541 A.2d 430

James McCullough, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

May 17, 1988.

Attorney(s) appearing for the Case

Lewis Kates, Kates & Mazzocone, for appellant.

Donald H. Pourman, Assistant Counsel, with him, Scott M. Olin, Assistant Counsel, John L. Heaton, Chief Counsel, for appellee.

Argued February 22, 1988, before Judges MacPHAIL and COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, May 17, 1988:

Mr. McCullough (Appellant) appeals here from an order of the Court of Common Pleas of Philadelphia County which sustained the preliminary objection of the Pennsylvania Department of Transportation (DOT) to the jurisdiction of that court and transferred the case to this Court.

Appellant filed an action to quiet title in the court of common pleas alleging, inter alia, that he was the owner of an unencumbered fee...

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