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DUNK et ux. v. MAN. LIGHT & HEAT CO.

Appeal, No. 126 C.D. 1971.

4 Pa.Commw. 127 (1971)

Dunk, et ux. v. The Manufacturers Light and Heat Company.

Commonwealth Court of Pennsylvania.

December 29, 1971.

Attorney(s) appearing for the Case

Charles S. Dunk and Bella M. Dunk, appellants in propria personna.

Robert S. Gawthrop, Jr., with him Robert W. Gawthrop and Gawthrop & Greenwood, for appellee.

Argued October 6, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO and MENCER. Judge ROGERS disqualified himself.

PER CURIAM OPINION, December 29, 1971:

After argument before the Court en banc, the Court being equally divided, the order of the lower court is hereby affirmed.

OPINION OF JUDGE WILKINSON IN SUPPORT OF AFFIRMANCE:

On October 14, 1966, appellee filed a petition for approval of its condemnation bond for a right of way across appellants' as well as other property. Appellants, as well as other property owners, filed objections to the bond, raising questions...

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