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ALLEN N. LASHNER, INC. v. DEPT. of HWYS.

1 Pa.Commw. 486 (1971)

Allen N. Lashner, Inc. v. Commonwealth of Pennsylvania, Department of Highways.

Commonwealth Court of Pennsylvania.

March 22, 1971.

Attorney(s) appearing for the Case

Erwin Lodge, with him Bernard Glassman, Lodge, Goldman & Glassman, for appellant.

Edward A. Hosey, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Fred Speaker, Attorney General, for appellee.

Argued December 7, 1970, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and BARBIERI (who has since been appointed to the Supreme Court of Pennsylvania and did not participate in the decision).

OPINION BY JUDGE CRUMLISH, JR., March 22, 1971:

In May 1966, Allan (Allen) N. Lashner, Inc. and the Commonwealth of Pennsylvania, Department of Highways, entered into a contract providing for the demolition of certain premises within the right-of-way line of the Delaware Expressway in the City of Philadelphia. Implementing the contract were certain "General Specifications" and "Department of Highways Specifications, Form 408" of 1960. These provided, inter alia...

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