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PennDOT v. TRUMBULL CORP.

No. 2001 C. D. 1985.

99 Pa.Commw. 557 (1986)

513 A.2d 1110

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Trumbull Corporation, Respondent.

Commonwealth Court of Pennsylvania.

August 11, 1986.

Attorney(s) appearing for the Case

John J. Buchy, Jr., Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel and Jay C. Waldman, General Counsel, for petitioner.

Stuart J. Moskovitz, Berman, Paley, Goldstein & Berman, for respondent.

Argued May 16, 1986, before Judges BARRY and PALLADINO, and Senior Judge ROGERS, sitting as a panel of three.

OPINION BY JUDGE BARRY, August 11, 1986:

PennDOT entered into a contract with the Trumbull Corporation on September 29, 1980 for the resurfacing of a section of Traffic Route 51 in Allegheny County. The contract involved an estimated amount of base repair and replacement. When PennDOT employees marked the areas where Trumbull was to perform base repair, the quantity marked was much less than the quantity estimated in the contract. Because Trumbull was paid on the...

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