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HEMPT BROS., INC. v. PennDOT

No. 987 C.D. 1977.

36 Pa.Commw. 516 (1978)

Hempt Brothers, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

July 12, 1978.

Attorney(s) appearing for the Case

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

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

Argued June 9, 1978, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., July 12, 1978:

Petitioner seeks review of an adverse determination by the Board of Arbitration of Claims (Board) denying petitioner additional compensation in the amount of $72,722.82 under a highway construction contract with the Commonwealth of Pennsylvania, Department of Transportation (respondent). We affirm the determination of the Board.

On November 2, 1972 petitioner executed a contract to perform all work in improving...

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