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  5. 41 Pa.Commw. 168 (1979)
 

IN RE: CONDEMNATION BY PennDOT.

No. 1765 C.D. 1977.

41 Pa.Commw. 168 (1979)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of Right of Way for Legislative Route 169, Section 28, Claim No. 4004323. Rev. Charles R. Thomas and Laura Thomas, his wife v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

March 9, 1979.

Attorney(s) appearing for the Case

Patrick J. Lavelle, Special Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

E. Charles Coslett, with him Charles R. Coslett, for appellees.

Argued September 28, 1978, before Judges CRUMLISH, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., March 9, 1979:

The Commonwealth of Pennsylvania, Department of Transportation (PennDOT) appeals the lower court's dismissal of its preliminary objections to a petition for the appointment of viewers filed pursuant to Section 502 of the Eminent Domain Code (Code)1 by the Reverend Charles R. Thomas and his wife, Laura Thomas (Condemnees).

Condemnees...

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