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MERRITT-CHAPMAN & SCOTT CORP. v. PENNSYLVANIA TURN. COM'N

No. 16441.

387 F.2d 768 (1967)

MERRITT-CHAPMAN & SCOTT CORPORATION, Appellant, v. PENNSYLVANIA TURNPIKE COMMISSION.

United States Court of Appeals Third Circuit.

Decided November 29, 1967.

Attorney(s) appearing for the Case

Martin S. Michelson, Michelson & Kane, Hartford, Conn. (J. Paul Kane, Hartford, Conn., McNees, Wallace & Nurick, by Francis B. Haas, Harrisburg, Pa., on the brief), for appellant.

Robert L. Rubendall, Metzger, Hafer, Keefer, Thomas & Wood, Harrisburg, Pa., for appellee.

Before HASTIE, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

This seemingly simple case presents on careful examination a number of difficult problems which were not presented to us by the parties or considered in the district court.

Merritt-Chapman & Scott Corporation, as the successful bidder entered into a contract with defendant, Pennsylvania Turnpike Commission, for the construction of a tunnel known as Allegheny No. 2 on the Pennsylvania Turnpike. It...

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