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APPEAL OF PENNDOT.

No. 1672 C.D. 1979.

54 Pa.Commw. 478 (1980)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for Legislative Route 02302 etc. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

November 7, 1980.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Special Assistant Attorney General, with him Ward T. Williams, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for appellant.

William P. Bresnahan, O'Donnell, Bresnahan, Caputo & Capristo, for appellees, Samuel J. Alioto & Anne K. Alioto, his wife.

Samuel P. Kamin, Kamin & Mandell, for appellee, Jack Berman, trading as Valet Boy Cleaners.

William H. Markus, with him Leonard M. Mendelson, Hollinshead & Mendelson, for appellee, Jerome Danenberg, trading as Berkeley Hills Pharmacy.

Argued May 9, 1980, before Judges WILKINSON, JR., CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., November 7, 1980:

The Pennsylvania Department of Transportation (Department) has appealed from an order of the Court of Common Pleas of Allegheny County quashing part of the Department's appeal from a viewers' report in an eminent domain proceeding. The lower court concluded that the Department's appeal did not comply with the requirements of Section 516(a) of the Eminent Domain...

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