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BRAYMAN CONST. v. COM., DEPT. OF TRANSP.

No. 527 M.D. 2008

30 A.3d 560 (2011)

BRAYMAN CONSTRUCTION CORPORATION and Stephen M. Muck, Petitioners v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 5, 2011.

Attorney(s) appearing for the Case

James W. Kutz , Harrisburg, for petitioners.

Jeffrey W. Davis , Assistant Counsel and Jason M. Wolgemuth , Assistant Counsel, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, and PELLEGRINI, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Before this Court is a motion for summary judgment filed by Brayman Construction Corporation and Stephen M. Muck (collectively, Brayman) seeking a permanent injunction prohibiting the Commonwealth of Pennsylvania, Department of Transportation (PennDot) from using a short-list process and a best-value assessment method of procurement in awarding constructing contracts. For the reasons that follow, the motion for summary judgment is granted...

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