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H. J. WILLIAMS CO., INC. v. PennDOT

No. 1451 C.D. 1975.

29 Pa.Commw. 466 (1977)

H.J. Williams Company, Inc., Plaintiff v. Department of Transportation, Commonwealth of Pennsylvania et al., Defendants.

Commonwealth Court of Pennsylvania.

March 30, 1977.

Attorney(s) appearing for the Case

William M. Young, Jr., with him Edward C. First, Jr., Gilbert Nurick, and McNees, Wallace and Nurick, for plaintiff.

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

Argued March 7, 1977, before Judges CRUMLISH, JR., KRAMER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, March 30, 1977:

H.J. Williams Company, Inc., a corporation engaged in the highway construction business, filed a complaint in equity seeking an order enjoining the Pennsylvania Department of Transportation (PennDOT) from awarding a construction contract to another company, J. Rich Steers, Inc. (Steers), and enjoining the State Treasurer from making payments under the contract with Steers.

The plaintiff applied for a preliminary injunction...

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