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CARMICHAELS M. M. R. CO. APPEAL

No. 3408 C.D. 1983.

88 Pa.Commw. 541 (1985)

In Re: Condemnation of Real Estate by Carmichaels-Cumberland Joint Sewer Authority, Carmichaels Mining Machine Repair Co. Carmichaels Mining Machine Repair Co., Appellant v. Carmichaels-Cumberland Joint Sewer Authority, Appellee.

Commonwealth Court of Pennsylvania.

April 4, 1985.

Attorney(s) appearing for the Case

Charles O. Zebley, Jr., with him, Ernest P. DeHaas, III, Coldren, DeHaas & Radcliffe, for appellant.

James Hook, with him, Gregory C. Hook, Hook and Hook, for appellee.

Argued March 11, 1985, before Judges CRAIG, COLINS and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 4, 1985:

Carmichaels Mining Machine Repair Company (Carmichaels) appeals from an order of the Court of Common Pleas of Greene County, which, pursuant to an evidentiary hearing, sustained the preliminary objections of the Carmichaels-Cumberland Joint Sewer Authority (authority), and dismissed as untimely Carmichaels' petition for the appointment of viewers. The issue for our determination is whether the trial court erred in determining...

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