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ROCHE v. HARRISBURG INCINERATOR AUTH.

435 Pa. 51 (1969)

Roche, Appellant, v. Harrisburg Incinerator Authority.

Supreme Court of Pennsylvania.

June 27, 1969.

Attorney(s) appearing for the Case

Louis J. Adler, for appellant.

James H. Stewart, Jr., with him John C. Sullivan, and Nauman, Smith, Shissler & Hall, for appellees.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION PER CURIAM, June 27, 1969:

Decree affirmed. Appellant to pay costs.

Mr. Justice ROBERTS and Mr. Justice POMEROY would affirm on the opinion of the court below.

DISSENTING OPINION BY MR. JUSTICE COHEN:

Since the building which houses the incinerator is included as part of the contract and is specifically designed to house a particular patented system, the invitation for alternative bids is a subterfuge because no bidder could submit...

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