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LGP CONSTRUCTION CO., INC. v. PennDOT.

No. 809 C.D. 1985.

93 Pa.Commw. 474 (1985)

LGP Construction Co., Inc., a Pennsylvania Corporation, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

December 13, 1985.

Attorney(s) appearing for the Case

Francis C. Rapp, Jr., with him, Harold Gondelman, Gondelman, Baxter, McVerry, Smith, Yatch & Trimm, for petitioner.

Jerome T. Foerster, Deputy Attorney General, with him, Allen C. Warshaw, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Argued October 10, 1985, before Judges MacPHAIL and DOYLE and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, December 13, 1985:

Appellant, LGP Construction Co., Inc., appeals here a determination by the Pennsylvania Department of Transportation (PennDOT) which denied its application for certification as a Minority Business Enterprise (MBE). PennDOT has moved to quash the appeal.

The following facts are pertinent. Appellant is a Pennsylvania business corporation which applied to PennDOT for MBE status. Federal law requires that, on...

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