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DIXON CONTRACTING CO., INC. v. DER.

Nos. 2304 C.D. 1982 and 2450 C.D. 1982.

80 Pa.Commw. 445 (1984)

Dixon Contracting Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth of Pennsylvania, Department of Environmental Resources, Petitioner v. Dixon Contracting Company, Inc., Respondent.

Commonwealth Court of Pennsylvania.

April 9, 1984.

Attorney(s) appearing for the Case

Richard C. Fox, with him Robert E. Chernicoff, Fox, Farr, Goldstein & Cunningham, for petitioner/respondent, Dixon Contracting Company, Inc.

Michael L. Harvey, Deputy Attorney General, with him, Allen C. Warshaw, Deputy Attorney General, Chief, Special Litigation, and LeRoy S. Zimmerman, Attorney General, for respondent/petitioner, Department of Environmental Resources.

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

OPINION BY JUDGE WILLIAMS, JR., April 9, 1984:

The Commonwealth of Pennsylvania, Department of Environmental Resources (Commonwealth) and Dixon Contracting Company, Inc. (Dixon) each petition for review of a Board of Claims (Board) order which awarded Dixon the sum of $466,805.49 (with interest) for work performed under a contract between the parties to eliminate air pollution from an abandoned, burning culm...

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