CLEMSON CORP. APPEAL.

No. 1802 C.D. 1983.

87 Pa.Commw. 374 (1985)

Clemson Corporation, a corporation, Appellant v. McKeesport Area School District, a municipal corporation, Appellee.

Commonwealth Court of Pennsylvania.

February 1, 1985.


Attorney(s) appearing for the Case

Marvin J. Apple, with him, Martha O. Wolf, for appellant.

Lawrence J. O'Toole, with him, Robert P. Costello, Costello & O'Toole, for appellee.

Argued November 13, 1984, before Judges WILLIAMS, JR. and DOYLE and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE BARBIERI, February 1, 1985:

Appellant, Clemson Corporation, appeals here from an en banc decision of the Court of Common Pleas of Allegheny County which dismissed Appellant's exceptions to a non-jury verdict in favor of Appellee, McKeesport Area School District (District), against Appellant in its action in assumpsit for loss of profits.

Appellee needed stoker coal to heat its buildings and invited bids from the public. On September 27, 1979...

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