FRANK MASHUDA COMPANY v. COUNTY OF ALLEGHENY

Nos. 12434 and 12435.

256 F.2d 241 (1958)

FRANK MASHUDA COMPANY, a Partnership, and Frank Mashuda, Stanley Mashuda, Bernie Mashuda and Josephine Mashuda, Partners, Appellants, v. COUNTY OF ALLEGHENY and Martin W. Wise, Inc.

United States Court of Appeals Third Circuit.

Decided June 10, 1958.

Rehearing Denied July 10, 1958.


Attorney(s) appearing for the Case

Harold R. Schmidt, Pittsburgh, Pa. (Frank L. Jones, Jr., Rose, Rose & Houston, Pittsburgh, Pa., on the brief), for appellants.

Francis A. Barry, Pittsburgh, Pa. (Nathaniel K. Beck, County Sol., Maurice Louik First Asst. County Sol., Philip Baskin, Asst. County Sol., Pittsburgh, Pa., on the brief), for appellees.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.


GOODRICH, Circuit Judge.

This is an appeal from a judgment for the defendant entered on a motion to dismiss an action by which the plaintiffs sought an adjudication of the propriety of an eminent domain proceeding. Since the judgment was rendered without a hearing on the facts, we take the plaintiffs' allegations as true for the purpose of this appeal.

The plaintiffs, citizens of Wisconsin, own land adjacent to the Greater Pittsburgh Airport which is located...

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