RICH v. DEPT. OF GENERAL SERVICES


130 Pa.Commw. 71 (1989)

566 A.2d 1279

William RICH, Jr., t/d/b/a American Contractors and American Contractors, Inc., a corporation, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF GENERAL SERVICES and Fidelity and Deposit Company of Maryland, a corporation, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 4, 1989.

Reargument Denied January 2, 1990.


Attorney(s) appearing for the Case

John F. Hooper, with him, Thomas J. Schuchert, Schuchert & Sheerer, P.C., Pittsburgh, for petitioners.

M. Shirley Young, Asst. Counsel, with her, John J. Buchy, Chief of Litigation, Harrisburg, and William W. Warren, Jr., Chief Counsel, Scranton, for respondent, Dept. of General Services.

Mary Jane Forbes, McNees, Wallace & Nurick, Harrisburg, Pa., with her, Kenneth I. Jonson, Steptoe & Johnson, Washington, D.C., for respondent, Fidelity and Deposit Company of Maryland.

Before DOYLE, PALLADINO and SMITH, JJ.


PALLADINO, Judge.

Before us are the preliminary objections of Fidelity and Deposit Company of Maryland (F & D) and the Department of General Services (DGS) to a petition seeking a declaratory judgment1 (petition) filed in our original jurisdiction by William Rich, t/d/b/a American Contractors (American).2 For the reasons that follow, we dismiss the...

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