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LUTSKO v. DEPT. OF TRANSPORTATION

No. 155 C.D. 1971.

13 Pa.Commw. 150 (1974)

Elizabeth Lutsko and John Lutsko, Appellants, v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

April 11, 1974.

Attorney(s) appearing for the Case

H. Ray Pope, Jr., for appellants.

David A. Johnston, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellees.

Argued November 9, 1973, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., April 11, 1974:

This is an appeal filed by condemnees Elizabeth and John Lutsko (Lutsko) from an order of the Court of Common Pleas of Clarion County dated February 1, 1971, which denied their motion for a new trial in an eminent domain case.

On August 27, 1964, the then Department of Highways (Commonwealth) effected a condemnation of 10.51 acres of the Lutskos' 92.72...

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