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PHILA. WARE. & C. STOR. v. HALLOWELL ET AL.

No. 2513 C.D. 1984.

88 Pa.Commw. 574 (1985)

Philadelphia Warehousing and Cold Storage, Petitioner v. Penrose Hallowell, Secretary of Agriculture and Commonwealth of Pennsylvania, Department of Agriculture, Respondents.

Commonwealth Court of Pennsylvania.

April 16, 1985.

Attorney(s) appearing for the Case

Leonard J. Bucki, for petitioner.

Ellis M. Saull, Deputy Attorney General, with him, Allen C. Warshaw, Chief Deputy Attorney General, Litigation Section, John B. Hannum, Chief Counsel, Department of Agriculture, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued March 11, 1985, before Judges CRAIG, COLINS and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE COLINS, April 16, 1985:

Philadelphia Warehousing and Cold Storage (petitioner), as a taxpayer, filed this motion for summary judgment asking this Court to void the third year of a three year contract for warehousing services.

On March 4, 1983, the Department of Agriculture (Department) sent an invitation to bid to warehousemen to provide storage space for up to 261 schools and institutions participating in the Government Donated Agriculture...

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