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DURKIN & SONS, INC. v. DEPT. OF TRANSP.

742 A.2d 233 (1999)

THOMAS M. DURKIN & SONS, INC., Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent. Department of Transportation, Petitioner, v. Thomas M. Durkin & Sons, Inc., Respondent.

Commonwealth Court of Pennsylvania.

Decided November 24, 1999.

Attorney(s) appearing for the Case

Michael W. Winfield, Harrisburg, for petitioner.

Michael D. Alsher, Harrisburg, for respondent.

Before SMITH, J., LEADBETTER, J., and JIULIANTE, Senior Judge.

SMITH, Judge.

Thomas M. Durkin & Sons, Inc. (Durkin) petitions for review of a decision of the Pennsylvania Board of Claims (Board) which resolved claims arising from a highway construction contract between Durkin and the Department of Transportation (DOT). Durkin appeals from the Board's partial award of "standby costs" for equipment used to construct two retaining walls (Claim C) and the Board's denial of costs for...

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