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SMITH ET UX. v. MUN. A., B. OF W. VIEW ET AL.

No. 2445 C.D. 1984.

96 Pa.Commw. 164 (1986)

506 A.2d 1007

Robert Smith and Shelia Smith, his wife, Appellants v. The Municipal Authority of The Borough of West View and The Township of Ohio, a municipal corporation, Appellees.

Commonwealth Court of Pennsylvania.

March 26, 1986.

Attorney(s) appearing for the Case

Samuel P. Kamin, Goldberg & Kamin, for appellants.

Fred E. Baxter, Jr., Gondelman, Baxter, McVerry, Smith, Yatch & Trimm, for appellees.

Joseph E. Vogrin, III, Scott & Vogrin, for additional appellees.

Submitted on briefs October 11, 1985, to Judges CRAIG and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARRY, March 26, 1986:

This is an appeal by Robert and Shelia Smith, appellants, from a decree entered by the Honorable Judge Ralph H. Smith, Jr., dismissing their exceptions to his earlier decree which ordered appellants to be bound by engineering reports and a survey of Dr. James P. Miller and to pay the fees and costs of Dr. Miller.

Appellants filed a complaint in equity on June 30, 1980, requesting that the appellee, West View Borough...

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