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YINGST v. DEPT. TRANSPORTATION

No. 1460 C.D. 1975.

24 Pa.Commw. 171 (1976)

Gerald D. Yingst and Mary M. Yingst v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

March 26, 1976.

Attorney(s) appearing for the Case

Lawrence R. Wieder, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Clyde W. McIntyre, with him Delano M. Lantz, and McNees, Wallace & Nurick, for appellees.

Argued March 3, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE ROGERS, March 26, 1976:

The parties to these eminent domain proceedings, the Commonwealth's Department of Transportation, on the one hand, and Gerald D. Yingst and Mary M. Yingst, his wife, on the other, have been maneuvering for two years to get positions each believes most conducive to it for favorable resolution of a simple legal issue — that of whether, where a husband conducts a...

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