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BRUHIN ET AL. v. COMMONWEALTH ET AL.

No. 722 C.D. 1973.

14 Pa.Commw. 300 (1974)

David W. Bruhin, Harry W. Kingham and George Nagorny, Plaintiffs, v. Commonwealth of Pennsylvania, Jacob Kassab, Secretary of the Department of Transportation, Maurice K. Goddard, Secretary of the Department of Environmental Resources, Defendants, and Township of Springfield, Intervening Defendant.

Commonwealth Court of Pennsylvania.

June 13, 1974.

Attorney(s) appearing for the Case

Charles G. Nistico, with him, of counsel, Edward F. Muller, Jr., for plaintiffs.

Gregory S. Ghen, Assistant Attorney General, with him David A. Johnston, Jr., Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for defendant, Kassab.

John P. Krill, Jr., Special Assistant Attorney General, for defendant, Goddard.

Howard Saul Marcu, for intervening defendant.

Argued December 5, 1973, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE BLATT, June 13, 1974:

This action in equity has been instituted by three individuals (plaintiffs) who purportedly represent a class composed of persons estimated to be approximately 350 in number, and living in close proximity to the proposed Springfield Mall. The defendants are Jacob G. Kassab, the Secretary of Transportation (Kassab) and Maurice K. Goddard, the Secretary of Environmental Resources (Goddard). The Township of Springfield (Township...

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