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HILLIARD v. COMMONWEALTH OF PENNSYLVANIA

Civ. A. No. 69-748.

308 F.Supp. 756 (1970)

Carl HILLIARD, Pressley L. Hilliard, Ruth R. Bookser and Edward F. Bookser, husband and wife, v. COMMONWEALTH OF PENNSYLVANIA acting By and Through the PENNSYLVANIA GAME COMMISSION and Glenn L. Bowers, Executive Director of the Pennsylvania Game Commission.

United States District Court, W. D. Pennsylvania.

January 26, 1970.

Attorney(s) appearing for the Case

Lee C. McCandless, Charles T. Chew, Frank P. Krizner, Butler, Pa., for plaintiffs.

Robert J. Stock, Butler, Pa., for defendants.

OPINION

GOURLEY, District Judge.

In this proceeding, plaintiffs seek to enjoin defendants from taking plaintiffs' farm lands by exercise of the power of eminent domain. Jurisdiction is founded solely upon the alleged existence of numerous questions arising under the Fourteenth Amendment to the United States Constitution. In response to the Complaint, defendants filed a Motion to Dismiss and an Answer, raising...

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