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MILLER v. PennDOT.

No. 3168 C.D. 1984 and No. 3169 C.D. 1984.

91 Pa.Commw. 622 (1985)

Irving Miller, Individually and as Liquidating Trustee for Millers, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Irving Miller, Individually and as Liquidating Trustee for Millers, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

September 12, 1985.

Attorney(s) appearing for the Case

Lewis Kates, Kates, Livesay & Mazzocone, for appellant.

William J. Cressler, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued June 3, 1985, before Judges ROGERS and DOYLE, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE DOYLE, September 12, 1985:

Appellant, Irving Miller, appeals from the orders of the Philadelphia County Court of Common Pleas which overruled Appellants' preliminary objections to a declaration of taking filed by the Department of Transportation (Department).

Appellant is the successor-in-interest to Millers, Inc., the former owner of a commercial property on 1517-23 Spring Street, Philadelphia, Pennsylvania.

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