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DEPT. OF TRANSPORTATION v. PRUSS ET UX.

No. 1656 C.D. 1973.

15 Pa.Commw. 573 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Anthony S. Pruss and Mary Pruss, his wife, Appellees.

Commonwealth Court of Pennsylvania.

December 9, 1974.

Attorney(s) appearing for the Case

Edward D. Werblun, Assistant Attorney General, with him Irwin Albert, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Andrew Hailstone, with him Robert J. Conway, Warren, Henkelman, McMenamin & Kreder and Conway, Decker, Barna & Spall, for appellees.

Argued October 9, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, December 9, 1974:

On January 29, 1970, pursuant to Section 502(e) of the Eminent Domain Code,1 Anthony S. Pruss and his wife, Mary Pruss (appellees), filed a petition for the appointment of viewers with the Court of Common Pleas of Wayne County. Their petition alleged that they were the owners of a certain tract of land in Wayne County which had been acquired...

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