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F. S. JAMES & CO. v. BD. OF ARB. OF CLAIMS ET AL.

No. 29 Misc. Dkt. No. 2.

44 Pa.Commw. 289 (1979)

Fred S. James & Co., Inc., of Pennsylvania, Petitioner v. Commonwealth of Pennsylvania, Board of Arbitration of Claims, Commonwealth of Pennsylvania, Department of General Services and Miller's Mutual Insurance Company, Respondents.

Commonwealth Court of Pennsylvania.

July 17, 1979.

Attorney(s) appearing for the Case

Clyde W. McIntyre, with him Delano M. Lantz, and, of counsel, McNees, Wallace & Nurick, for petitioner.

John L. Sweezy, Assistant Attorney General, with him Theodore A. Adler, Chief Counsel, and Gerald Gornish, Attorney General, for respondent.

Argued March 7, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE DiSALLE, July 17, 1979:

This petition for review raises the question of the jurisdiction of the Board of Arbitration of Claims (Board) over Fred S. James & Company, Inc. (Appellant), an "additional defendant" in a suit brought by Miller's Mutual Insurance Company (Miller) against the Commonwealth of Pennsylvania, Department of General Services (Commonwealth).

Miller's suit was instituted on November 30, 1976, to recover an amount allegedly...

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