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R. & S. MILLWORK, INC. v. PennDOT

No. 2299 C.D. 1977.

42 Pa.Commw. 624 (1979)

R. & S. Millwork, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

May 15, 1979.

Attorney(s) appearing for the Case

Robert L. Webster, Jr., with him Webster, Hallal & Webster, for appellant.

Benjamin B. Wechsler, II, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued November 2, 1978, before Judges MENCER, DiSALLE and CRAIG, sitting as a panel of three.

OPINION BY JUDGE MENCER, May 15, 1979:

This is an appeal from an order of the Court of Common Pleas of Fayette County, entered October 31, 1977, denying the motion of R. & S. Millwork, Inc. (condemnee) for a new trial.

Condemnee owned approximately 18.5 acres of land in Fayette County. In 1974, a declaration of taking was filed by the Commonwealth of Pennsylvania, Department of Transportation (PennDOT...

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