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McINTOSH RD. MAT. CO. v. WOOLWORTH et al.

365 Pa. 190 (1950)

McIntosh Road Materials Co., Appellant, v. Woolworth, Secretary of Property and Supplies et al., Appellants.

Supreme Court of Pennsylvania.

June 26, 1950.

Attorney(s) appearing for the Case

Earl G. Harrison, with him James Conwell Welsh, Louis F. Floge, Wm. A. Schnader, Hall, Hamilton, Wainwright & Welsh and Schnader, Harrison, Segal & Lewis, for plaintiffs.

Harry F. Stambaugh, Special Counsel, with him Robert M. Mountenay, Assistant Deputy Attorney General, Phil H. Lewis, Harrington Adams, Deputy Attorneys General, and T. McKeen Chidsey, Attorney General, for defendants.

Morris Wolf, with him Chas. H. Sachs and Wolf, Block, Schorr & Solis-Cohen, for Allegheny Asphalt & Paving Co., intervenor.

Wm. H. Wood, Arthur Hull and Hull, Leiby & Metzger, for Robert W. Schrech, amicus curiæ.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.

OPINION BY MR. JUSTICE JONES, June 26, 1950:

This matter is before us on separate appeals by the respective plaintiffs and on cross appeals by the Commonwealth acting by its administrative and fiscal officers named as defendants. The appellant plaintiffs complain of the lower court's refusal of their prayers for an injunction to restrain the defendants from entering into or acceding to any contracts for the furnishing and applying of bituminous materials in the maintenance...

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