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HIGHLEY v. DEPT. OF TRANSP.

No. 36 M.D. 2018.

195 A.3d 1078 (2018)

Richard HIGHLEY and Brian Hurst, Petitioners v. Commonwealth of Pennsylvania Department of Transportation, Leslie M. Richards, Individually and in her Capacity as Secretary of Department of Transportation, Kenneth McClain, Individually and in his Capacity as District Executive for PennDOT Engineering District 6-0 and Contracting Officer for all District 6-0 Construction Contracts, Respondents.

Commonwealth Court of Pennsylvania.

Decided: October 15, 2018.

Attorney(s) appearing for the Case

Bruce W. Ficken and Raymond DeLuca , Philadelphia, for petitioners.

Jeffrey W. Davis , Deputy Chief Counsel, Harrisburg, for respondents.

BEFORE: HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE JAMES GARDNER COLINS, Senior Judge.

Richard Highley and Brian Hurst (collectively Petitioners) are employees of Allen Myers, LP (Myers), a nonunion highway construction contractor. Petitioners filed a petition for review in the nature of a complaint in equity to challenge a construction project in Montgomery County. Currently before this Court for disposition...

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