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LACK. RIVER BASIN SEW. AUTH. APPEAL

No. 1457 C.D. 1983.

82 Pa.Commw. 369 (1984)

Appointment of Viewers to Assess Damages in Acquiring an Easement for Interceptor Sewer Line Etc. Lackawanna River Basin Sewer Authority, Appellant.

Commonwealth Court of Pennsylvania.

May 11, 1984.

Attorney(s) appearing for the Case

Ralph P Carey, Ralph P. Carey & Associates, for appellant.

David J. Rinaldi, with him, William P. Farrell, Rinaldi & Rinaldi, for appellee.

Submitted on briefs February 3, 1984, to Judges MacPHAIL, DOYLE and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, May 11, 1984:

The Lackawanna River Basin Sewer Authority (Authority) appeals here from an order of the Court of Common Pleas of Lackawanna County holding that the Authority is not entitled to a set-off pursuant to Section 4 of the Act of July 1, 1937 (Act)1 against condemnation damages awarded to O.S.C. Company (OSC).

In 1974, the Authority filed...

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