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CAVALIER APPEAL

408 Pa. 295 (1962)

Cavalier Appeal.

Supreme Court of Pennsylvania.

July 30, 1962.

Attorney(s) appearing for the Case

Gilbert J. Helwig, with him John D. McIntyre, Thomas G. Taylor, and Reed, Smith, Shaw & McClay, for appellants.

Frank Edward Roda, Special Assistant Attorney General, with him Robert W. Cunliffe, Assistant Attorney General, John R. Rezzolla, Jr., Chief Counsel, Pennsylvania Department of Highways, and David Stahl, Attorney General, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE COHEN, July 30, 1962:

Appellants are the owners and lessees of certain property in the Borough of South Greensburg. In 1958, the Department of Highways of the Commonwealth of Pennsylvania (Department), under authority of the limited access highways Act of 1945, May 29, P.L. 1108, 36 P.S. §§ 2391.1 to 2391.15 condemned a portion of their property for the construction of a limited access highway...

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