PENSTAN SUPPLY, INC. v. PENN ST. UNIV.

No. 1800 C.D. 1978.

44 Pa.Commw. 347 (1979)

Penstan Supply, Inc., Appellant v. The Pennsylvania State University, Appellee.

Commonwealth Court of Pennsylvania.

July 19, 1979.


Attorney(s) appearing for the Case

Joseph E. Schmitt, with him Stonecipher, Cunningham, Beard & Schmitt, for appellant.

Charles C. Brown, Jr., with him McQuaide, Blasko & Brown, Inc., for appellee.

Argued May 7, 1979, before Judges DiSALLE and MacPHAIL, sitting as a panel of two.


OPINION BY JUDGE DiSALLE, July 19, 1979:

Penstan Supply, Inc. (Appellant), appeals the decision of the Court of Common Pleas of Allegheny County which sustained the preliminary objections of The Pennsylvania State University (Penn State) to Appellant's complaint in trespass. We affirm.

Penn State entered into a contract with B.J. Tamasy & Sons, Inc., the prime contractor, for a job at its University Park campus. Appellant supplied materials to the prime...

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