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HILLIARD v. COMMONWEALTH OF PA., PA. GAME COM'N

Nos. 18766-18768.

438 F.2d 92 (1971)

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. Carl Hilliard, Appellant in No. 18,766, Pressley L. Hilliard, Appellant in No. 18,767, Ruth R. Bookser and Edward F. Bookser, her husband, Appellants in No. 18,768.

United States Court of Appeals, Third Circuit.

Decided February 4, 1971.

Attorney(s) appearing for the Case

Lee C. McCandless, McCandless, Chew & Krizner, Butler, Pa. (Frank P. Krizner, Butler, Pa., on the brief), for appellants.

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

Before HASTIE, Chief Judge, and McLAUGHLIN and ADAMS, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

These suits were instituted by Pennsylvania landowners to enjoin the Commonwealth of Pennsylvania and the Pennsylvania Game Commission, a state agency, from proceeding with pending state actions for the condemnation of the plaintiffs' land.

The state court disposed of the landowners' preliminary objections to the declarations of taking in a way that the landowners characterize as unconstitutional. But in...

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