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ACME FAB. & WELDERS, INC. v. D.O.T.

No. 3203 C.D. 1983.

87 Pa.Commw. 162 (1985)

Acme Fabricators and Welders, Inc., and Greulich, Inc., Petitioners v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

January 22, 1985.

Attorney(s) appearing for the Case

James C. Larrimer, Dougherty, Larrimer & Lee, for petitioners.

Michael J. McCaney, Jr., Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for respondent.

Argued October 16, 1984, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., MacPHAIL, DOYLE, BARRY and COLINS.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., January 22, 1985:

Acme Fabricators and Welders, Inc. (Acme) and Greulich, Inc. (Greulich) appeal the Board of Claims' order dismissing their contract claim against the Department of Transportation (DOT). We affirm.

DOT awarded Acme a highway improvement contract which included the replacement of an existing wooden bridge with an open steel decking bridge. The contract, incorporating Section 523 of the Administrative...

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