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POPKIN ET UX. APPEAL.

No. 3065 C.D. 1985.

107 Pa.Commw. 235 (1987)

528 A.2d 663

In Re: Condemnation by the Commonwealth of Pennsylvania, Acting by and Through the Department of General Services of the Property of Benart Associates, a Penna. Limited Partnership; Blue Ridge Real Estate Company (a Penna. Corp.); et al. Ivan M. Popkin and Susan A. Popkin, Appellants.

Commonwealth Court of Pennsylvania.

July 2, 1987.

Attorney(s) appearing for the Case

Jerry M. Gewirtz, with him, Allan B. Schneirov, Mesirov, Gelman, Jaffe, Cramer & Jamieson, for appellants.

David A. Fitzsimons, Assistant Counsel, with him, H. Warren Ragot and P. Alan Zulick, Assistant Counsels, and Anthony P. Krzywicki, Chief Counsel, for appellee.

Argued April 23, 1987, before Judges COLINS and PALLADINO, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, July 2, 1987:

Ivan Popkin and Susan Popkin, his wife (Popkins) appeal from an order of the Court of Common Pleas of Carbon County dismissing their preliminary objections to a declaration of taking filed by the Department of General Services (DGS). For the reasons set forth below, we affirm.

On August 30, 1982 a declaration of taking was filed by the DGS as part of a...

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