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MILLER ESTATE v. DEPT. OF HIGHWAYS

424 Pa. 477 (1967)

Miller Estate, Appellant, v. Department of Highways.

Supreme Court of Pennsylvania.

March 14, 1967.

Attorney(s) appearing for the Case

Basil C. Clare, for appellant.

Jay R. Braderman, Assistant Attorney General, with him M. David Halpern, Assistant Attorney General, John R. Rezzolla, Chief Counsel, Department of Highways, and Edward Friedman, Attorney General, for Commonwealth, appellee.

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE JONES, March 14, 1967:

The Commonwealth of Pennsylvania, Department of Highways, effected a condemnation of certain property of the Estate of Samuel D. Miller, (condemnee), in Delaware County.1 On October 13, 1965, on petition of the Commonwealth, the Court of Common Pleas of Delaware County appointed a board of view, (Board). After hearing, the Board filed its report on...

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