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C. J. LANGENFELDER & SON, INC. v. PennDOT

Nos. 1639 and 1779 C.D. 1978.

44 Pa.Commw. 585 (1979)

C.J. Langenfelder & Son, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. C.J. Langenfelder & Son, Incorporated, Respondent.

Commonwealth Court of Pennsylvania.

August 7, 1979.

Attorney(s) appearing for the Case

Frank A. Sinon, with him R. Stephen Shibla, and Rhoads, Sinon & Hendershot, for petitioner.

Stuart J. Moskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Acting Attorney General, for respondent.

Argued June 5, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, CRAIG and MacPHAIL. Judges BLATT and DiSALLE did not participate.

OPINION BY JUDGE ROGERS, August 7, 1979:

The Board of Arbitration of Claims after trial entered judgment in favor of C.J. Langenfelder & Son, Inc., a road builder, and against the Pennsylvania Department of Transportation in the amount of $603,049.19 with interest from December 5, 1974. Both parties have appealed.

Langenfelder and the Department (then the Department of Highways) entered into a written contract dated January 20, 1969, under which Langenfelder...

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