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BUCKLEY & COMPANY, INC. v. PennDOT ET AL.

No. 1860 C.D. 1976.

34 Pa.Commw. 182 (1978)

Buckley & Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation and Commonwealth of Pennsylvania, Board of Arbitration of Claims, Respondents.

Commonwealth Court of Pennsylvania.

March 7, 1978.

Attorney(s) appearing for the Case

John J. McAleese, Jr., with him Cunniff, Bray & McAleese, for petitioner.

Richard S. Herskovitz, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondent.

Argued December 8, 1977, before Judges CRUMLISH, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, March 7, 1978:

Buckley and Company, Inc. (Buckley) appeals here from a decision of the Board of Arbitration of Claims (Board) which dismissed its complaint seeking compensation from the Pennsylvania Department of Transportation (PennDOT) for damage done to construction equipment. The Board sustained PennDOT's preliminary objection in the nature of a demurrer and this appeal followed.

Our scope of review in appeals from an order of the...

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