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BLACK TOP PAV. CO., INC. v. DEPT. OF TRANS.

No. 577 C.D. 1982.

77 Pa.Commw. 612 (1983)

Black Top Paving Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

October 19, 1983.

Attorney(s) appearing for the Case

Larry A. Housholder, with him Lawrence R. Zewe, for petitioner

Michael D. Reed, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for respondent.

Argued September 12, 1983, before Judges ROGERS, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, October 19, 1983:

Black Top Paving Company appeals from an order by the Board of Claims (board) which dismissed the company's claim against the Pennsylvania Department of Transportation (DOT) for $5,382.06, the amount withheld by DOT because of Black Top's inability to meet compaction standards for the wearing (surface) course of an area, designated as Lot 1, under a contract to resurface a legislative route in Perry Township.

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