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DER v. HARTFORD ACCIDENT AND INDEM. CO.

No. 2202 C.D. 1977.

40 Pa.Commw. 133 (1979)

Commonwealth of Pennsylvania, Department of Environmental Resources, Plaintiff v. The Hartford Accident and Indemnity Company, Defendant. Chemical Separations Corporation and The Chester Engineers, Inc., Additional Defendants.

Commonwealth Court of Pennsylvania.

January 24, 1979.

Attorney(s) appearing for the Case

Susan J. Forney, Deputy Attorney General, with her Norman J. Watkins, Deputy Attorney General, Chief, Civil Litigation, and Gerald Gornish, Acting Attorney General, for plaintiff.

Henry C. Herchenroether, Jr., with him Alter, Wright & Barron, for defendant.

John H. Morgan, with him Robert L. Allman, II, and Eckert, Seamans, Cherin & Mellott, for additional defendants.

Argued November 1, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and MacPHAIL. Judges DISALLE and CRAIG did not participate.

OPINION BY JUDGE BLATT, January 24, 1979:

The Commonwealth of Pennsylvania through its Department of Mines and Minerals, now the Department of Environmental Resources, (Commonwealth) instituted this action against The Hartford Accident and Indemnity Company (Hartford) which is the surety on a performance bond for the construction of a water demineralization plant by the Pitt Construction Company (Pitt). Hartford has filed preliminary objections to the Commonwealth...

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