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DEPT. OF TRANS. v. LASTOOKA

No. 877 C.D. 1980.

59 Pa.Commw. 330 (1981)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. John M. Lastooka, t/d/b/a Ram Construction Company, Respondent.

Commonwealth Court of Pennsylvania.

May 29, 1981.

Attorney(s) appearing for the Case

George D. Wenick, Assistant Attorney General, with him Paul A. Logan, Assistant Attorney General, Ward T. Williams, Chief Counsel, and Harvey Bartle, III, Acting Attorney General, for petitioner.

Richard B. Tucker, III, with him Anthony P. Picadio, Tucker, Arensberg, Very & Ferguson, for respondent.

Argued April 9, 1981, before President Judge CRUMLISH and Judges ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE ROGERS, May 29, 1981:

The Commonwealth's Department of Transportation has appealed from a judgment entered against it by the Board of Claims in favor of John Lastooka, trading as Ram Construction Company, in the total amount of $106,942.05 for work performed by Lastooka additional to the work called for in the formal contract between the parties under which Lastooka agreed to construct Section 2 of a railway spur connecting a new Volkswagen automobile...

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