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PENNDOT v. PAOLI CONSTRUCTION CO.

No. 221 C.D. 1977.

35 Pa.Commw. 390 (1978)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Paoli Construction Company, Respondent.

Commonwealth Court of Pennsylvania.

May 19, 1978.

Attorney(s) appearing for the Case

Arthur H. Marateck, Assistant Attorney General, with him, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for petitioner.

David B. Disney, with him McNees, Wallace & Nurick, for respondent.

Argued February 2, 1978, before President Judge BOWMAN and Judges BLATT and DiSALLE, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE BOWMAN, May 19, 1978:

In July, 1970, petitioner, Department of Transportation (PennDOT), and respondent, Paoli Construction Company (Paoli), entered into a written contract for the construction or improvement of a certain section of state highway in Bucks County. The project involved construction of five and one-half miles of roadway over a new route in virgin territory and two miles of roadway within the right-of-way of the existing highway...

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