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COM., DEPT. OF TRANSP. v. MARTINELLI

128 Pa.Commw. 448 (1989)

563 A.2d 973

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Mario MARTINELLI and Mary Martinelli, Appellees. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Thomas B. McCABE and Elizabeth McCabe, Appellees. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Gasper MAGLIENTE and Dorah Magliente, Appellees. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Katherine M. BURRUANO TONER, Appellee. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Annunzio CALVARESE and Rose Calvarese, Appellees.

Commonwealth Court of Pennsylvania.

Decided September 7, 1989.

Attorney(s) appearing for the Case

Carl Vaccaro, Asst. Counsel, Philadelphia, Spencer A. Manthorpe, Asst. Chief Counsel, John L. Heaton, Chief Counsel, Harrisburg, for appellant.

James J. Oliver, Cheri Andrews, Wright, Manning, Kinkead & Oliver, Norristown, for appellees.

Before DOYLE and PALLADINO, JJ., and NARICK, Senior Judge.

PALLADINO, Judge.

Pennsylvania Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Montgomery County, dismissing DOT's preliminary objections to the amended petitions for appointment of a Board of View filed by Mario and Mary Martinelli, Thomas and Elizabeth McCabe, Katherine Burruano Toner, Annunzio and Rose Calvarese, and Gasper and Dorah Magliente (Petitioners).1

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