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O'BRIEN APPEAL

216 Pa.Super. 249 (1970)

O'Brien Appeal.

Superior Court of Pennsylvania.

March 19, 1970.

Attorney(s) appearing for the Case

Thomas M. Twardowski, with him Thomas A. Riley, Jr., and Lentz, Riley, Cantor, Kilgore & Massey, for appellants.

Theodore O. Rogers, with him Susan P. Windle, and Rogers, Gentry, Windle & Lamb, for appellee.

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

OPINION PER CURIAM, March 19, 1970:

Order affirmed.

SPAULDING, J., dissents.

DISSENTING OPINION BY HOFFMAN, J.:

This is an appeal from an order of the lower court dismissing condemnees' preliminary objections to a condemnor's amended declaration of taking.

The Chester County Resources Authority (Condemnor) on July 12, 1968, filed declarations of taking for two parcels of property owned by Mr. and Mrs.

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