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PAYNE v. KASSAB

468 Pa. 226 (1976)

361 A.2d 263

Marion Woodward PAYNE et al., Appellants, v. Jacob G. KASSAB, Individually and as Secretary of the Pennsylvania Department of Transportation, et al., Appellees. Appeal of Frances Phelps WALLER et al.

Supreme Court of Pennsylvania.

Decided July 6, 1976.

Attorney(s) appearing for the Case

James F. Geddes, Jr., Wilkes-Barre, for appellants.

Gregory S. Ghen, Penn DOT-Legal, Harrisburg, for appellee, Jacob G. Kassab, Etc.

Chester B. Muroski, Asst. City Sol., Wilkes-Barre, for appellee, City of Wilkes-Barre.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

POMEROY, Justice.

By means of a complaint in equity filed in the Commonwealth Court,1 several residents of the City of Wilkes-Barre and a group of students from Wilkes College in Wilkes-Barre have sought to halt a street-widening project proposed by the Pennsylvania Department of Transportation (Penn DOT) for River Street in Wilkes-Barre. After a trial before Judge Mencer sitting as chancellor an adjudication...

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