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COM., DGS v. ON-POINT TECHNOLOGY SYSTEMS

No. 264 MAP 2003.

870 A.2d 873 (2005)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES, and Department of Revenue, Appellee, v. ON-POINT TECHNOLOGY SYSTEMS, INC., Appellant.

Supreme Court of Pennsylvania.

Decided March 30, 2005.

Attorney(s) appearing for the Case

Terry M. Henry, Esq., Robert William Hayes, Esq., Philadelphia, for On-Point Technology Systems, Inc.

Nancy J. Kippenhan, Esq., Gary F. Ankabrandt, Esq., Trent Hargrove, Esq., Jaime Marie McClintock, Esq., for Department of General Services.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

ORDER

PER CURIAM.

AND NOW, this 30th day of March, 2005 the Order of the Commonwealth Court is hereby AFFIRMED.

Mr. Justice SAYLOR files a concurring and dissenting statement in which Messrs. Justice NIGRO and BAER join.

Justice SAYLOR, concur and dissent.

I agree with the Commonwealth Court that Appellant has failed to establish that it was a party to a consummated procurement contract with the Commonwealth...

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