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CONSOLIDATED RAIL CORP. v. I-R CORP. ET AL.

No. 310 C.D. 1978.

47 Pa.Commw. 304 (1979)

The Consolidated Rail Corporation v. The Ingersoll-Rand Corporation and Pennsylvania Department of Transportation and Walter Fatzinger.The Ingersoll-Rand Corporation, Appellant.

Commonwealth Court of Pennsylvania.

November 14, 1979.

Attorney(s) appearing for the Case

Joseph Hurley, with him, Robert H. Holland, and Kolb, Holland and Taylor, for appellant.

Norman J. Watkins, Deputy Attorney General, and Lance H. Lilien, Deputy Attorney General, with them, Barbara A. Brown, Assistant Attorney General, J. Justin Blewitt, Jr., Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for appellees.

Argued September 29, 1978, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three. Reargued March 22, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE MENCER, November 14, 1979:

On or before November 12, 1975, the Ingersoll-Rand Corporation (Rand) secured a special hauling permit from the Pennsylvania Department of Transportation (PennDOT) through Walter Fatzinger, a clerk and employee of PennDOT. The permit was to allow Rand to transport an oversize load on an approved route within the Commonwealth. Rand informed PennDOT through Fatzinger that to transport the oversize load it would use a trailer...

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