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PERKINS et al. v. COM., DEPT. OF HWYS.

215 Pa.Super. 473 (1969)

Perkins et al., Appellants, v. Commonwealth, Department of Highways.

Superior Court of Pennsylvania.

November 12, 1969.

Attorney(s) appearing for the Case

Richard M. Hughes, II, with him Jonathan C. Valentine, for appellants.

David A. Johnston, Jr., Assistant Attorney General, with him William C. Sennett, Attorney General, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and CERCONE, JJ. (SPAULDING, J., absent).

OPINION PER CURIAM, November 12, 1969:

Judgment affirmed.

CONCURRING AND DISSENTING OPINION BY HOFFMAN, J.:

This is an appeal from a judgment in the lower court in a condemnation matter.

Plaintiffs-appellants were the owners of 98.64 acres in Plains Township, Luzerne County, Pennsylvania. On October 5, 1961, the Department of Highways condemned 4.52 acres of this property for highway purposes. Appellants thereupon filed a petition for the appointment...

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