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TRUSTEES OF G. T. LOCAL 397 v. PENNDOT ET AL.

No. 382 C.D. 1979.

46 Pa.Commw. 542 (1979)

Trustees of General Teamsters Local 397, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation and Robert P. Casey, Treasurer of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

October 19, 1979.

Attorney(s) appearing for the Case

Richard W. Perhacs, with him Elderkin, Martin, Kelly, Messina & Zamboldi, for petitioners.

Lawrence R. Wieder, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for respondents.

Argued September 10, 1979, before Judges WILKINSON, JR., ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, October 19, 1979:

The trustees of General Teamsters Local 397 (Teamsters) have filed this petition for review in the nature of mandamus to compel payment by the Commonwealth of Pennsylvania, Department of Transportation, of a balance of an eminent domain award made in Erie County. The Commonwealth paid $155,600.00 out of a total award of $159,266.80. As to the board of viewers report, the Commonwealth filed no appeal. The Commonwealth's only...

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