PennDOT v. W. P. DICKERSON & SON, INC. ET AL.

No. 1643 C.D. 1977.

42 Pa.Commw. 359 (1979)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. W.P. Dickerson & Son, Inc. and Dickerson Enterprises, Inc., a Joint Venture, Respondents.

Commonwealth Court of Pennsylvania.

May 1, 1979.


Attorney(s) appearing for the Case

Arthur H. Marateck, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, for appellant.

Bert R. Oastler, with him Smith, Currie & Hancock; Edward C. First; and McNees, Wallace & Nurick, for appellees.

Argued March 5, 1979, before Judges CRUMLISH, JR., ROGERS and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE ROGERS, May 1, 1979:

This is the appeal of the Department of Transportation (PennDOT) from two judgments rendered by the Board of Arbitration of Claims in favor of W.P. Dickerson & Son, Inc. and Dickerson Enterprises, Inc. (Dickerson) and against PennDOT in the amounts, respectively, of $120,830.98 with interest from October 31, 1969 and $47,618.85 with interest from June 1, 1970.

On December 12, 1967 Dickerson and PennDOT entered into...

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