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HAMILTON ET AL. v. PENNDOT.

No. 1651 C.D. 1978.

52 Pa.Commw. 55 (1980)

James R. Hamilton, Winifred J. Hamilton, and Agnes Krey, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

June 5, 1980.

Attorney(s) appearing for the Case

John F. Schweigert, Schweigert & Kent, for appellants.

Lawrence R. Wieder, Assistant Attorney General, with him Robert W. Cunliffe, Chief Counsel and Gerald Gornish, Acting Attorney General, for appellee.

Argued May 5, 1980, before Judges WILKINSON, JR., CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, June 5, 1980:

James R. Hamilton, his wife, and Agnes Krey (condemnees) appeal from an order of the Court of Common Pleas of Allegheny County which dismissed their preliminary objections to a declaration of taking filed by the Pennsylvania Department of Transportation (PennDOT) in connection with the condemnation of their properties located on East Street in Pittsburgh.

The record in this case reveals that in December, 1971, PennDOT...

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