COM., DEPT. OF TRANSP. v. ROCKLAND CONST.


498 Pa. 531 (1982)

448 A.2d 1047

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. ROCKLAND CONSTRUCTION CO., New Enterprise Stone & Lime Co., Nassaux-Hemsley, Inc. and Cornell Co., Inc.

Supreme Court of Pennsylvania.

Decided June 28, 1982.


Attorney(s) appearing for the Case

Mark F. Brancato, Asst. Chief Counsel, Ward T. Williams, Chief Counsel, Jay C. Waldman, Exc. Asst. to the Governor, Dept. of Transportation, Harrisburg, for appellant.

Charles V. Stoelker, Philadelphia, for appellee Rockland Const. Co.

Edward E. Knauss, IV, Harrisburg, for appellee Nassaux-Hemsley.

Robert R. Reeder, James K. Thomas, II, Richard C. Bennett, Philadelphia, for appellee Cornell Co., Inc.

Richard W. Foltz, Jr., Kenneth M. Cushman, Philadelphia, for appellee New Enterprise Stone and Lime Co.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, and HUTCHINSON, JJ.


OPINION OF THE COURT

ROBERTS, Justice.

Here, as in Commonwealth, Pennsylvania Dep't of Transportation v. J.W. Bishop & Co., Inc., and George H. Overmoyer, 497 Pa. 58, 439 A.2d 101 (1981), this Court is presented with a challenge to the common law doctrine of nullum tempus occurrit regi ("time does not run against the king"). As in Bishop and Overmoyer, we reaffirm...

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