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BERTOCCI ET AL. v. COM., DEPT. OF HIGHWAYS

No. 1655 C.D. 1975.

25 Pa.Commw. 213 (1976)

Bart Bertocci and Dorothy Bertocci, t/a Bertocci Construction Company to the Use of National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Appellant v. Commonwealth of Pennsylvania, Department of Highways, Appellee.

Commonwealth Court of Pennsylvania.

June 17, 1976.

Attorney(s) appearing for the Case

Samuel J. Margiotti, with him Vincent M. Casey, and Margiotti, Rich & Gravina, for appellants.

Arthur H. Marateck, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued May 5, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE WILKINSON, June 17, 1976:

Stripped of its irrelevant facts as well as the disputes which are resolved, the matter before us for decision arises from the interpretation of a road rebuilding contract. Appellant was rebuilding a heavily travelled highway on which it was required by the contract to maintain two-way traffic. On September 16, 1963, it had requested, and on September 27, 1963, it was given, permission to tear up and remove the old pavement...

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