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PennDOT v. BRAYMAN C.C.-BRACKEN C.C.

No. 1286 C.D. 1982.

99 Pa.Commw. 373 (1986)

513 A.2d 562

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Brayman Construction Corporation-Bracken Construction Company, a Joint Venture, Respondent.

Commonwealth Court of Pennsylvania.

July 31, 1986.

Attorney(s) appearing for the Case

John J. Bucky, Jr., with him, George D. Wenick, Michael D. Reed, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for petitioner.

C. Grainger Bowman, McNees, Wallace & Nurick, for respondent.

Argued May 13, 1986, before Judges CRAIG and DOYLE, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE DOYLE, July 31, 1986:

This is an appeal by the Department of Transportation (DOT) from an order of the Board of Claims (Board) awarding the sum of $24,214.14, together with six percent interest from September 10, 1976, "to Brayman Construction Corporation-Bracken Construction Company, a Joint Venture." (Brayman-Bracken).

The Board found that on or about July 27, 1973 Brayman-Bracken and DOT entered into a contract for the construction and...

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