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TINICUM R. E. H. CORP. v. PENNDOT, APLNT.

No. 784 C.D. 1975.

25 Pa.Commw. 47 (1976)

Tinicum Real Estate Holding Corporation v. Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

June 3, 1976.

Attorney(s) appearing for the Case

George Luskus, Special Assistant Attorney General, with him Louis J. Presenza, Special Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Frank L. Tamulonis, Jr., with him Edward Kassab, and Kassab, Cherry & Archbold, for appellee.

Argued April 5, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, June 3, 1976:

The Commonwealth of Pennsylvania has appealed from an order of the Court of Common Pleas of Delaware County granting a new trial in an eminent domain case. A motion for a new trial is addressed to the discretion of the trial court based on the circumstances of the particular case, and the court's action in granting or refusing such a motion will not be reversed in the absence of a manifest abuse of discretion or a clear error...

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