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KINSLEY CONST., INC. v. COM.

894 A.2d 832 (2006)

KINSLEY CONSTRUCTION, INC., Petitioner v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 9, 2006.

Publication Ordered March 16, 2006.

Attorney(s) appearing for the Case

Douglas R. Roeder, Harrisburg, for petitioner.

Bart J. DeLuca, Jr., Sr. Deputy Attorney General, Harrisburg, for respondent.

BEFORE: FRIEDMAN, Judge, and LEAVITT, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Senior Judge McCLOSKEY.

Kinsley Construction, Inc. (Petitioner) is a Pennsylvania corporation engaged in business as a commercial contractor. Kinsley does a significant amount of business involving the sale of pre-cast sound barrier panels. This appeal involves pre-cast sound barrier panels and steel I-beams used to hold the panels in place which were sold to the Commonwealth of Pennsylvania (Commonwealth). The sales by Petitioner to the Commonwealth were...

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