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HOFFMAN v. STEVENS

Civ. A. No. 6514.

177 F.Supp. 898 (1959)

Maurice HOFFMAN and Mary Hoffman, his wife, Plaintiffs, v. Lewis M. STEVENS, Secretary of Highways, George M. Leader, Governor of the Commonwealth of Pennsylvania, or their successor, and J. Robert Bazley, Inc., Defendants.

United States District Court M. D. Pennsylvania.

September 23, 1959.

Attorney(s) appearing for the Case

Martin Philip, Palmerton, Pa., Jack Feinberg, Slatington, Pa., Leon Kline, Philadelphia, Pa., for plaintiff.

Anne X. Alpern, Atty. Gen., Michael J. Stack, Jr., Deputy Atty. Gen., Jacob J. Kilimnik, Asst. Atty. Gen., and Albert Prutzman, Sp. Deputy Atty. Gen., for the Commonwealth.

Joseph C. Kreder, Scranton, Pa., C. J. Friedberg, Pottsville, Pa., for J. Robert Bazley, Inc.

Before STALEY, Circuit Judge, WATSON, Senior Judge, and MURPHY, Chief Judge.

JOHN W. MURPHY, Chief Judge.

In this action before a three-judge court convened pursuant to 28 U.S. C.A. §§ 2281 and 2284, plaintiffs, abutting landowners, seek to have § 8 of the Act of 1945, May 29, P.L. 1108, 36 Purdon's Pa.St.Ann. § 2391.8, declared unconstitutional; to enjoin defendants from converting a section of Pennsylvania State Highway Route No. 29 in this district into a limited access highway, and from interfering with their property...

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