DELAWARE RIVER PORT A. v. PennDOT.

No. 123 Miscellaneous Docket No. 4.

91 Pa.Commw. 518 (1985)

The Delaware River Port Authority, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

September 9, 1985.


Attorney(s) appearing for the Case

D. Donald Jamieson, with him, Jeffrey Cooper, Mesirov, Gelman, Jaffe, Cramer & Jamieson, for petitioner.

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

Submitted on briefs May 9, 1985 to Judges MacPHAIL, BARRY and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE BARRY, September 9, 1985:

The Delaware River Port Authority (Authority) and the Department of Transportation (DOT) have filed a joint motion requesting a stay of certain proceedings presently before the Board of Claims (Board). This appeal results from the Board's denial of the joint motion.

The Authority commenced this action on October 25, 1979, by filing a complaint before the Board seeking

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