decided: April 22, 1970.
SAUTER APPEAL. RISSER APPEAL
Appeals from order of Court of Common Pleas of Lebanon County, Dec. T., 1965, Nos. 463 and 465, in case of Commonwealth by and through Pennsylvania Game Commission v. 124.8 acres of land in Heidelberg Township.
John Stuart Carnes, with him Edwin B. Barnett and H. Rank Bickel, Jr., for appellants.
A. H. Ehrgood, Jr., with him Benjamin B. Solomon, Assistant Attorney General, and Raymond C. Miller, Deputy Attorney General, for Commonwealth, appellee.
Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Justice Jones dissents. Mr. Chief Justice Bell took no part in the consideration or decision of this case.
Author: Per Curiam
[ 438 Pa. Page 545]
These are appeals from the order of the Court of Common Pleas of Lebanon County dismissing appellants' preliminary objections to the Declaration of Taking filed by the Pennsylvania Game Commission in furtherance of the Middle Creek Waterfowl Project authorized under the Project 70 Land Acquisition and Borrowing Act, June 22, 1964, Special Sess., P. L. 131, § 1 et seq., 72 P.S. § 3946.1 et seq. We have examined the record carefully and find the procedures followed by the Game Commission proper. We have also examined the constitutional issues raised by appellants and find them to be without merit.
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