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PennDOT v. COBB

No. 3328 C.D. 1984.

122 Pa.Commw. 276 (1988)

540 A.2d 5

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Frank Cobb and Processing Machinery and Supply Company, Appellees.

Commonwealth Court of Pennsylvania.

April 14, 1988.

Attorney(s) appearing for the Case

Thomas J. Hines, Assistant Counsel, with him, John L. Heaton, Chief Counsel, for appellant.

Emil L. Iannelli, for appellees.

Argued February 23, 1988, before President Judge CRUMLISH, JR., and Judges McGINLEY and SMITH, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., April 14, 1988:

The Department of Transportation (DOT) appeals a Philadelphia County Common Pleas Court order denying its exceptions and post-verdict motions and entering judgment in favor of Frank Cobb and Processing Machinery and Supply Company (PMS). We affirm.

In 1968, the Secretary of Highways1 condemned a parcel of land owned...

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