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EWALT v. PA. TURNPIKE COMMISSION

382 Pa. 529 (1955)

Ewalt, Appellant, v. Pennsylvania Turnpike Commission.

Supreme Court of Pennsylvania.

June 27, 1955.

Attorney(s) appearing for the Case

William H. Markus, with him Elmer E. Harter, Jr., and Prowell & Harter, for appellants.

F. Brewster Wickersham, with him Harry C. Pepper and Metzger, Wickersham & Knauss, Counsel for Pennsylvania Turnpike Commission, Edward L. Springer, Deputy Attorney General, and Herbert B. Cohen, Attorney General, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE JONES, June 27, 1955:

The plaintiffs, husband and wife, filed their bill in equity in the Court of Common Pleas of Dauphin County against the Pennsylvania Turnpike Commission in an effort to compel the defendant to restore the complainants' property to its condition prior to the defendant's construction of the western extension of the turnpike. The defendant filed a preliminary objection in the nature of a demurrer under Pa. R.C.P. 1017(b)4...

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