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UNITED STATES APPEAL

No. 926 C.D. 1977.

36 Pa.Commw. 346 (1978)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for Legislative Route 1021, Section 3TR/W, a Limited Access Highway, in the City of Pittsburgh. Property of Max and Frances Gross. Claim No. 0213115, Parcel No. 95. United States, Appellant.

Commonwealth Court of Pennsylvania.

June 28, 1978.

Attorney(s) appearing for the Case

Wynette J. Hewett, with her Gilbert E. Andrews, Richard Farber, M. Carr Ferguson, Assistant Attorney General, and, of counsel, Blair A. Griffith, United States Attorney, and Craig R. McKay, Assistant United States Attorney, for appellant.

William P. Bresnahan, Assistant County Solicitor, with him Alexander J. Jaffurs, County Solicitor, for appellee, County of Allegheny.

John Regis Valaw, Tax Lien Solicitor, for School District of Pittsburgh and City of Pittsburgh.

Argued May 2, 1978, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE. Judge CRUMLISH, JR. did not participate.

OPINION BY JUDGE MENCER, June 28, 1978:

Max Gross and Frances Gross, husband and wife (Gross) purchased, in 1959, a tract of real property in Pittsburgh, Pennsylvania. Thereafter, this property became encumbered by three mortgages. The first mortgage held by E.B. Hostoffer and his wife was given to secure the payment of $25,000 for the purchase of the property and was recorded on June 24, 1959. The second mortgage...

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