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COM., D. OF TRSP. v. JOSEPH BUCHEIT & SONS

506 Pa. 1 (1984)

483 A.2d 848

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee, v. JOSEPH BUCHEIT & SONS CO. and Magna-Flux Corporation, Appellant, v. PITTSBURGH DES-MOINES STEEL COMPANY, Appellee. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee, v. JOSEPH BUCHEIT & SONS CO., Appellant, and MAGNA-FLUX CORPORATION, v. PITTSBURGH DES-MOINES STEEL COMPANY, Appellee.

Supreme Court of Pennsylvania.

Decided October 23, 1984.

Attorney(s) appearing for the Case

Daniel Mungall, Jr., Jeanne Ward Ryan, Philadelphia, for appellant in J-77-1984.

Franklin A. Miles, Jr., Harrisburg, for Magna-Flux Corp.

George D. Wenick, Harrisburg, for Comm/PennDOT.

Roger Curran, Pittsburgh, for Pitts. Des Moines Steel Corp.

Franklin A. Miles, Jr., David E. Lehman, Harrisburg, for appellant in J-78-1984.

Jeanne Ward Ryan, Philadelphia, for Bucheit & Sons, Co.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

ZAPPALA, Justice.

In Commonwealth, Department of General Services v. Frank Briscoe Co., Inc., 502 Pa. 449, 466 A.2d 1336 (1983), this Court held that where "the Commonwealth has initiated suit in the Commonwealth Court," that court's "jurisdiction over `civil actions or proceedings' includes jurisdiction to decide counterclaims which arise from the same underlying transaction...

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