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DONALDSON v. COM., DEPT. OF TRANSP.

141 Pa.Commw. 474 (1991)

596 A.2d 269

Samuel E. DONALDSON and Dorothy Donaldson, his wife v. COMMONWEALTH of Pennsylvania, DEPARTMENT of TRANSPORTATION, and Dick Corporation and Joseph B. Fay Company. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT of TRANSPORTATION, Appellant. Samuel E. DONALDSON and Dorothy Donaldson, his wife, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT of TRANSPORTATION, and Dick Corporation and Joseph B. Fay Company, Appellees. (Two Cases) JOSEPH B. FAY COMPANY, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT of TRANSPORTATION, Dick Corporation and Samuel E. Donaldson and Dorothy Donaldson, his wife, Appellees.

Commonwealth Court of Pennsylvania.

Decided July 29, 1991.

Reargument Denied September 16, 1991.

Attorney(s) appearing for the Case

David G. Klaber, for appellants/appellees, Samuel and Dorothy Donaldson.

Lori D. Mendicino, for appellant/appellee, Joseph B. Fay Company.

Mark J. Gesk, for appellant/appellee, Dept. of Transp.

John Edward Wall, for appellee, Dick Corp.

Before DOYLE and SMITH, JJ., and BARRY, Senior Judge.

OPINION

BARRY, Senior Judge.

Samuel Donaldson and Dorothy Donaldson, husband and wife, filed notices of appeal from orders of the Court of Common Pleas of Allegheny County in the Superior Court of Pennsylvania. Thereafter, the Department of Transportation (DOT) and Joseph B. Fay Co. (Fay) filed timely cross-appeals. The Superior Court then transferred the appeals to this Court.

In the mid-1980s, DOT awarded a contract to Dick Corporation (Dick) as...

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