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CONDEMNATION BY COMMONWEALTH PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (12/13/77)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: December 13, 1977.

IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR LEGISLATIVE ROUTE 02302, SECTION 2 R/W, AND LEGISLATIVE ROUTE 246 SPUR, SECTION 13 R/W, LIMITED ACCESS HIGHWAYS, IN ROSS AND MCCANDLESS TOWNSHIPS. WWSW RADIO, INC.
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLANT

Appeal from the Order of the Court of Common Pleas of Allegheny County in case of WWSW Radio, Incorporated v. Commonwealth of Pennsylvania, Department of Transportation, No. 2172 July Term, 1972.

COUNSEL

Bartley R. Simeral, Special Assistant Attorney General, with him Robert W. Cunliffe, Chief Counsel, and Robert P. Kane, Attorney General, for appellant.

J. Tomlinson Fort, with him Anthony J. Basinski, and Reed, Smith, Shaw & McClay, for appellee.

Judges Wilkinson, Jr. and Rogers, sitting as a panel of two. Opinion by Judge Rogers.

Author: Rogers

[ 33 Pa. Commw. Page 17]

It appearing upon an examination of the record in this case that no judgment was entered below on the jury's verdict, we are compelled to quash this appeal. General Electric Credit Corporation v. Aetna Casualty and Surety Company, 437 Pa. 463, 263 A.2d 448 (1970).

Order

And Now, this 13th day of December, 1977, it is ordered that the appeal in this matter be and it is hereby quashed.

Disposition

Appeal quashed.

19771213

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