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DEPT. TRANS., APLNT. v. F. & A. SELTZER, ET AL.

No. 843 C.D. 1974.

18 Pa.Commw. 127 (1975)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Frank Seltzer and Atkin Seltzer, t/a Seltzer Coal Company, Appellees.

Commonwealth Court of Pennsylvania.

March 26, 1975.

Attorney(s) appearing for the Case

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

John H. Thomas, for appellee.

Argued February 3, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, March 26, 1975:

On December 1, 1965, the Commonwealth of Pennsylvania, Department of Highways (now Department of Transportation) filed a Declaration of Taking by which, in connection with a highway construction project, it took 27.52 acres of a 31.86 tract of land in Schuylkill County owned by Frank and Atkin Seltzer, brothers trading as Seltzer Coal Company. The property had for many years been used by the Seltzers in the conduct of a coal...

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