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DEPT. OF GEN. S. v. G. WEINBERGER CO.

No. 479 C.D. 1981.

65 Pa.Commw. 201 (1982)

Commonwealth of Pennsylvania, Department of General Services, Petitioner v. G. Weinberger Co., Inc., et al., Respondents.

Commonwealth Court of Pennsylvania.

March 9, 1982.

Attorney(s) appearing for the Case

Henry J. Costa, Jr., Assistant Counsel, with him Thadeus A. Tanski, Chief, General Litigation Unit, and Anthony P. Krzywicki, Chief Counsel, for petitioner.

Joseph A. Murphy, with him Jerry J. Weinberger, Tellie, Durkin, Weinberger, Murphy and Piazza, P.C., for respondent, G. Weinberger Co., Inc.

Harry W. Reed, Jr., Davis, Katz, Buzgon, Davis and Reed, Ltd., for respondent, Plotkin & Son.

Jonathan M. Crist, with him Thomas A. Beckley, Beckley & Madden, for respondents, Valverde and Franco.

Argued February 4, 1982, before Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 9, 1982:

The Pennsylvania Department of General Services questions a decision by the Board of Claims which awarded $35,023.68 plus interest to respondents G. Weinberger Company, Inc. (contractor) and Jack Plotkin & Son (subcontractor) under a contract for the installation of a fire safety sprinkler system at Clark Summit State Hospital.

During excavation for the installation of a water line, the subcontractor's workmen had...

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