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PennDOT v. O'NEILL STEEL CO., INC.

No. 2957 C.D. 1985.

102 Pa.Commw. 324 (1986)

518 A.2d 324

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1010, Section D2, R/W, a Limited Access Highway, in Plymouth Township. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. O'Neill Steel Co., Inc., Appellee.

Commonwealth Court of Pennsylvania.

November 28, 1986.

Attorney(s) appearing for the Case

J. Matthew Wolfe, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.

Andrew B. Cantor, Wisler, Pearlstine, Talone, Craig and Garrity, for appellee.

Submitted on briefs August 27, 1986, to Judges CRAIG and PALLADINO, Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, November 28, 1986:

This appeal arises from the denial by the Court of Common Pleas of Montgomery County of a motion for a new trial filed by the Pennsylvania Department of Transportation (DOT). DOT has asked this court to rule on the admissibility of certain testimony by the condemnee in an eminent domain proceeding. The court of common pleas held that DOT's additional reasons in support of its motion for a new trial were without merit and...

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