GREULICH, INC. ET AL. v. PENNDOT ET AL.

No. 1366 C.D. 1979.

51 Pa.Commw. 40 (1980)

Greulich, Inc. and Acme Fabricators and Welders, Inc., Petitioners v. Commonwealth of Pennsylvania, Department of Transportation and Bureau of Materials, Testing and Research, Respondents.

Commonwealth Court of Pennsylvania.

April 25, 1980.


Attorney(s) appearing for the Case

James C. Larrimer, Dougherty, Larrimer & Lee, for petitioners.

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

Argued December 4, 1979, before Judges CRUMLISH, JR., MENCER, DiSALLE, CRAIG and MacPHAIL. President Judge BOWMAN and Judges WILKINSON, JR., ROGERS and BLATT did not participate.


OPINION BY JUDGE CRAIG, April 25, 1980:

Presently before us are the Department of Transportation's (department) preliminary objections, in the nature of a demurrer and motion to strike, to a suit filed in our original jurisdiction by petitioners Greulich, Inc. (Greulich) and Acme Fabricators and Welders, Inc. (Acme) seeking injunctive and declaratory relief against the department. The department has also filed a motion to dismiss because of mootness.

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