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PennDOT v. ACCHIONE AND CANUSO, INC.

No. 350 C.D. 1979.

55 Pa.Commw. 65 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Acchione and Canuso, Inc., Respondent.

Commonwealth Court of Pennsylvania.

December 2, 1980.

Attorney(s) appearing for the Case

Paul A. Logan, Assistant Attorney General, with him John T. Kalita, Jr., Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for petitioner.

Marvin Comisky, with him Richard M. Rosenbleeth, Alan C. Gershenson, and Michael Minkin, of counsel, Blank, Rome, Comisky & McCauley, for respondent.

Argued June 4, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., ROGERS, BLATT, CRAIG and MacPHAIL. Judges MENCER and WILLIAMS, JR. did not participate.

OPINION BY PRESIDENT JUDGE CRUMLISH, December 2, 1980:

This is an appeal of the Pennsylvania Department of Transportation (PennDOT) from a Board of Claims' decision awarding $191,272.05 in damages to claimant Acchione and Canuso, Inc. (Acchione).

We reverse.

These facts are pertinent. On October 5, 1973, general contractor Acchione and PennDOT entered into a contract for highway improvements to Roosevelt Boulevard in Philadelphia. Trenching excavation...

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