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PA. TURNPIKE COMMISSION v. ARCO.

No. 123 C.D. 1974.

31 Pa.Commw. 212 (1977)

Pennsylvania Turnpike Commission, Plaintiff v. Atlantic Richfield Company, Defendant.

Commonwealth Court of Pennsylvania.

July 21, 1977.

Attorney(s) appearing for the Case

Gerald Gornish, Deputy Attorney General, with him Howard M. Levinson, Deputy Attorney General, J. Justin Blewitt, Jr., Deputy Attorney General, and Robert P. Kane, Attorney General, for plaintiff.

Robert M. Landis, with him Norbert F. Bergholtz; Dechert, Price & Rhoads, and, of counsel, John F. McLaren, for defendant.

Argued June 7, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, July 21, 1977:

In 1953 and 1956, the Pennsylvania Turnpike Commission (Commission) and Atlantic Richfield Company (ARCO) executed two leases allowing ARCO to operate service stations along extensions of the Pennsylvania Turnpike. Rent was to accrue and be payable monthly and was to be based upon specified percentages of goods and services sold — the percentages varying...

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