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COMMONWEALTH v. BERGER ET AL.

Nos. 381 C.D. 1973 and 464 C.D. 1973.

11 Pa.Commw. 332 (1973)

Commonwealth of Pennsylvania, Department of Property and Supplies, Appellant, v. Henry A. Berger and Samuel A. Berger, t/d/b/a The Executive House, Appellees. Henry A. Berger and Samuel A. Berger, t/d/b/a The Executive House, Appellants, v. Commonwealth of Pennsylvania, Department of Property and Supplies, Appellee.

Commonwealth Court of Pennsylvania.

November 20, 1973.

Attorney(s) appearing for the Case

Gerry J. Elman, Deputy Attorney General, with him Israel Packel, Attorney General, for Commonwealth.

Charles B. Zwally, with him James A. Ulsh, Robert E. Woodside and Shearer, Mette, Hoerner & Woodside, for the Executive House.

Argued September 10, 1973, before President Judge BOWMAN and Judges KRAMER, MENCER, ROGERS and BLATT. Judges CRUMLISH, JR. and WILKINSON, JR. did not participate.

OPINION BY JUDGE BLATT, November 20, 1973:

Henry A. Berger and Samuel A. Berger (the Bergers) are the owners and operators of a high-rise apartment-office building in Harrisburg, known as the Executive House. The building was erected in 1966 and 1967, with the original plans calling for the first three floors to be designed for office use and the upper floors to be designed as apartments.

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