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J.A. & W.A. HESS v. HAZLE TOWNSHIP

465 Pa. 465 (1976)

350 A.2d 858

J.A. & W.A. HESS, INC., Appellant, v. HAZLE TOWNSHIP, Appellee.

Supreme Court of Pennsylvania.

Decided January 29, 1976.

Attorney(s) appearing for the Case

George I. Puhak, Frank D. Llewellyn, Hazleton, for appellant.

Thomas L. Kennedy, Hazleton, for appellee.

Before JONES, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

MANDERINO, Justice.

This appeal results from an action of assumpsit brought by appellant, J.A. & W.A. Hess, Inc., against appellee, Hazle Township. In its complaint filed in the trial court, appellant alleged that it had not been paid for over 6,000 tons of gravel delivered to the Township and used in the construction of Township roads during August, September, and October of 1966. The complaint alleged

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