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TRI-STATE ASPHALT CORP. v. DEPT. OF TRANSP.

875 A.2d 1199 (2005)

TRI-STATE ASPHALT CORPORATION, Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 1, 2005.

Attorney(s) appearing for the Case

Stuart J. Moskovitz, Freehold, NJ, for petitioner.

Christopher F. Wilson, Asst. Counsel, Harrisburg, for respondent.

BEFORE: SMITH-RIBNER, Judge, FRIEDMAN, Judge, (P), and McCLOSKEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

Tri-State Asphalt Corporation (Tri-State) petitions for review of the October 7, 2004, order of the Board of Claims (Board), which granted the Department of Transportation's (DOT) motions for entry of judgment non pros and discovery sanctions against Tri-State, cancelled a scheduled pre-trial conference and hearing, and dismissed Tri-State's complaint against DOT with prejudice. We vacate and remand...

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