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KEARNS et ux. v. PA. P.U.C.

201 Pa.Super. 174 (1963)

Kearns et ux., Appellants, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

June 12, 1963.

Attorney(s) appearing for the Case

Paul N. Barna, with him Barna and Barna, for appellants.

Anthony L. Marino, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

Charles L. McCormick, with him James F. Boyer, for intervening appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY WRIGHT, J., June 12, 1963:

On April 12, 1962, the West Penn Power Company applied to the Pennsylvania Public Utility Commission for approval of the exercise of the right of eminent domain in acquiring a right-of-way across property of Dewey Ray Kearns and Clara E. Kearns, his wife, in Somerset Township, Washington County, Pennsylvania. Testimony was taken at a hearing on June 13, 1962, at which time...

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