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SWINDELL-DRESSLER CO. v. PennDOT

No. 2152 C.D. 1979.

50 Pa.Commw. 464 (1980)

Swindell-Dressler Company, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

April 11, 1980.

Attorney(s) appearing for the Case

Robert B. Sommer, with him Alexander C. Black, of Kirkpatrick, Lockhart, Johnson & Hutchinson, for petitioner.

Stuart M. Bliwas, Assistant Attorney General, with him, Robert W. Cunliffe, Deputy Attorney General and Edward G. Biester, Jr., Attorney General, for respondent.

Submitted on briefs, February 4, 1980, to Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE MENCER, April 11, 1980:

In Swindell Dressler Co. v. Department of Transportation, 42 Pa.Commw. 634, 401 A.2d 600 (1979), we ruled on a dispute between Swindell-Dressler Company (Swindell) and the Pennsylvania Department of Transportation (PennDOT) concerning whether Swindell's fee for engineering and design services should be based on an estimate of construction costs or upon the bid submitted by the...

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