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DEPT. TRANS., APLNT. v. MITCHELL'S STEEL

No. 616 C.D. 1974.

18 Pa.Commw. 591 (1975)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Mitchell's Structural Steel Painting Co., Appellee.

Commonwealth Court of Pennsylvania.

April 30, 1975.

Attorney(s) appearing for the Case

Arthur H. Marateck, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

David B. Disney, with him McNees, Wallace & Nurick, George C. Xakellis, and Xakellis, Perezous & Mongiovi, for appellee.

Argued January 9, 1975, before Judges CRUMLISH, JR., ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, April 30, 1975:

The Pennsylvania Department of Transportation (PennDOT) appeals from an award entered against it by the Board of Arbitration of Claims (Board) in favor of Mitchell's Structural Steel Painting Company (Company) in the amount of $45,000 plus interest.

On April 25, 1972 the Company entered into a contract with PennDOT to paint five bridges located in Clarion County, and, one month later, on May 25 Mitchell commenced the...

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