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CUMMINS v. ATLAS R.R. CONST. CO.

814 A.2d 742 (2002)

Robert J. CUMMINS d/b/a Cummins Construction Co., Appellant v. ATLAS RAILROAD CONSTRUCTION CO. and St. Paul Mercury Insurance Company, Appellee.

Superior Court of Pennsylvania.

Filed December 30, 2002.

Attorney(s) appearing for the Case

Christopher R. Opalinski, Pittsburgh, for appellant.

Charles B. Watkins, Pittsburgh, for St. Paul Mercury Ins., appellee.

Before: LALLY-GREEN, BENDER, and GRACI, JJ.

GRACI, J.

¶ 1 Robert J. Cummins d/b/a Cummins Construction Co., ("Cummins") appeals from an order of the Allegheny County Court of Common Pleas entered on September 28, 2001, denying his Motion for Recovery of Penalty Interest and Attorneys Fees pursuant to the Commonwealth Procurement Code, 62 Pa.C.S.A. § 3935. We affirm.

I. FACTUAL AND PROCEDURAL HISTORY

¶ 2 The litigation underlying this appeal involves numerous claims for breaches...

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