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DEPT. OF TRANS. v. SECURDA & CO., INC.

No. 660 C.D. 1974.

16 Pa.Commw. 40 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Securda & Company, Inc., Appellee.

Commonwealth Court of Pennsylvania.

December 6, 1974.

Attorney(s) appearing for the Case

Lawrence R. Weider, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Alan I. Baskin, with him Baskin, Mendelsohn & Leisawitz, for appellee.

Argued September 11, 1974, before Judges CRUMLISH, JR., WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., December 6, 1974:

The Court of Common Pleas of Berks County dismissed preliminary objections of the Commonwealth of Pennsylvania, Department of Transportation (Commonwealth) to a petition for the appointment of viewers filed by Securda & Company, Inc. (Securda). The Commonwealth appeals the decision to us.

On February 19, 1969, the Commonwealth filed a plan in the...

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