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PENNDOT v. BETHLEHEM STEEL CORP. ET AL.

No. 132 C.D. 1975.

33 Pa.Commw. 1 (1977)

Commonwealth of Pennsylvania, Department of Transportation (PennDOT), Plaintiff v. Bethlehem Steel Corporation and Sanders and Thomas, Inc., Defendants, and Tensorex Company, Inc., a New York Corporation, Tensorex Company, Inc., a Florida Corporation, No. 1 Contracting Corporation of Delaware, Sanders and Thomas, Inc., Brookhart and Tyo and Tyo & Fleisher, Inc., Additional Defendants.

Commonwealth Court of Pennsylvania.

December 13, 1977.

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 plaintiff.

David E. Lehman, with him Edward C. First, Jr., and McNees, Wallace & Nurick, for defendant, Bethlehem Steel Corporation.

Joseph P. Hafer, with him James K. Thomas, and Thomas & Thomas, for defendant, Sanders and Thomas, Inc.

Henry W. Rhoads, with him J. Bruce Walter, and Rhoads, Sinon & Hendershot, for additional defendants, Tensorex Company, Inc., a New York Corporation, and Tensorex Company, Inc., a Florida Corporation.

Edward E. Knauss, III, with him Metzger, Wickersham, Knauss & Erb, for additional defendant, Brookhart and Tyo and Tyo & Fleisher, Inc.

Argued September 15, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., December 13, 1977:

Before our Court are the preliminary objections of Bethlehem Steel Corporation (Bethlehem) and Tensorex Engineering Company of Florida (Tensorex) in an action in its original jurisdiction. This case involves the attempt by the Department of Transportation of the Commonwealth of Pennsylvania (PennDOT) to recover the additional expense it incurred in rebuilding the "New Street Bridge" in Bethlehem after the bridge initially...

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