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YUDACUFSKI v. COM. DEPT. OF TRANSP.

499 Pa. 605 (1982)

454 A.2d 923

Herman YUDACUFSKI, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Pennsylvania.

Reargued May 17, 1982.

Reargument Denied February 3, 1983.

Decided December 14, 1982.

Attorney(s) appearing for the Case

Lewis Kates, Philadelphia, for appellant.

Martin Burman, Sp. Asst. Atty. Gen., for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION OF THE COURT

McDERMOTT, Justice.

This is an appeal from the order of the Commonwealth Court,1 which affirmed the decision of the Court of Common Pleas of Schuylkill County, denying the motion of appellant, Herman Yudacufski, for a new trial in an eminent domain proceeding.2

In 1964, 88.7 acres of appellant's 790.67 acre tract were condemned...

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