KELLMAN FUND, ET AL. v. DEPT. TRANS., ET AL.

No. 544 C.D. 1975.

24 Pa.Commw. 102 (1976)

Benjamin and Fannie Kellman Trust Fund, Dart Supply, Inc., and Harry J. Tueche v. Commonwealth of Pennsylvania, Department of Transportation. Benjamin and Fannie Kellman Trust Fund, Appellant.

Commonwealth Court of Pennsylvania.

March 18, 1976.


Attorney(s) appearing for the Case

George J. Morgan, with him Roda, Morgan, Hallgren & Heinly, for appellant.

John M. Campfield, with him A.C. Scales, and Scales and Shaw for appellee, Dart Supply, Inc.

Bernard S. Shire, with him Shire, Bergstein & Caruso, for appellee, Tueche.

David Ward Murphy, Special Assistant Attorney General, for Commonwealth.

Argued October 28, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE MENCER, March 18, 1976:

The Benjamin and Fannie Kellman Trust Fund (Kellman) raises before this Court an issue concerning the entitlement of its lessees, Dart Supply, Inc. (Dart) and Harry J. Tueche (Tueche), to an award for bonus value damages in a condemnation proceeding instituted by the Commonwealth. Although the facts concerning the bonus value issue are not really disputed, the complicated procedural history of this case has raised a good deal...

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