J. BERMAN & SONS v. DEPT. TRANS.

No. 915 C.D. 1973.

21 Pa.Commw. 317 (1975)

J. Berman & Sons, Inc., Plaintiff v. Pennsylvania Department of Transportation, Defendant.

Commonwealth Court of Pennsylvania.

October 7, 1975.


Attorney(s) appearing for the Case

Samuel B. Russell, with him Ryan, Russell & McConaghy, William H. Egli, and Egli, Walter, Reilly and Wolfson, for plaintiff.

Lionel B. Gumnit, Assistant Attorney General, with him Herbert G. Zahn, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant.

Argued June 5, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE BLATT, October 7, 1975:

We are asked here to consider a motion by the plaintiff for summary judgment in a mandamus action against the Pennsylvania Department of Transportation (PennDOT). According to the facts as pleaded in the complaint and admitted in PennDOT's answer, the Department of Highways1 filed an application on April 3, 1969 with the Pennsylvania Public Utility Commission (PUC) with respect to the construction...

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