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BERNSTEIN APPEAL.

No. 1108 C.D. 1985.

112 Pa.Commw. 368 (1988)

535 A.2d 1210

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Fee Title Underlying Easements Previously Acquired for Legislative Route 67045, Section 9A, in the City of Philadelphia. Sidney Bernstein and Paulette Bernstein, h/w, Appellants.

Commonwealth Court of Pennsylvania.

January 7, 1988.

Attorney(s) appearing for the Case

Lewis Kates, Kates & Mazzocone, for appellant.

William J. Cressler, Assistant Counsel, with him, Scott M. Olin, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, Henry G. Barr, General Counsel, for appellee.

Argued June 8, 1987, before Judges CRAIG, DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, January 7, 1988:

Sidney and Paulette Bernstein (Appellants) appeal from an order of the Court of Common Pleas of Philadelphia County, which sustained the Department of Transportation's (DOT's) preliminary objections to Appellants' petition for the appointment of a Board of View. We affirm.

This case is another of those arising out of the construction of the Vine Street Expressway (Expressway)

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