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CENTRAL PENN IND., INC. v. PENNDOT, APLNT.

Nos. 1450 and 1461 C.D. 1975.

25 Pa.Commw. 25 (1976)

Central Penn Industries, Inc. v. Commonwealth of Pennsylvania, Department of Transportation, (2 Cases)

Commonwealth Court of Pennsylvania.

June 2, 1976.

Attorney(s) appearing for the Case

Stuart J. Moskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for Commonwealth.

Edward C. First, Jr., with him David B. Disney, and McNees, Wallace & Nurick, for Central Penn Industries.

Argued March 2, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE ROGERS, June 2, 1976:

Central Penn Industries, Inc. (hereinafter referred to as Central) under its former name, Central Pennsylvania Quarry, Stripping and Construction Co., entered into a contract with the Commonwealth of Pennsylvania, acting by its Department of Transportation1 (PennDOT), for the construction by Central of seven miles of a separated highway known...

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