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HENCKEN et ux. v. BETHLEHEM WATER AUTH.

364 Pa. 408 (1950)

Hencken et ux. v. Bethlehem Municipal Water Authority, Appellant.

Supreme Court of Pennsylvania.

March 20, 1950.

Attorney(s) appearing for the Case

Daniel L. McCarthy, with him Alan S. Loose, for appellant.

George A. Shutack, with him Russell L. Mervine, for appellees.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.

OPINION BY MR. JUSTICE LINN, March 20, 1950:

This appeal is by the defendant, Bethlehem Municipal Water Authority, from a judgment in eminent domain proceedings for the condemnation of part of a large tract of land, owned by plaintiffs, in Towamensing Township, Carbon County, for the construction of defendant's Wild Creek Dam. On June 8, 1939, appellant adopted a resolution appropriating plaintiff's land "for the purpose of erecting and constructing [a] dam, lay pipe...

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