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DUQUESNE SLAG PROD. CO. v. LENCH ET AL.

No. 2681 C.D. 1978.

44 Pa.Commw. 385 (1979)

Duquesne Slag Products Company, Plaintiff v. Ronald G. Lench, Secretary of General Services of the Commonwealth of Pennsylvania; George Pulakos, Secretary of Transportation of the Commonwealth of Pennsylvania; and their respective successors in office, Defendants.

Commonwealth Court of Pennsylvania.

July 23, 1979.

Attorney(s) appearing for the Case

Frank M. van Ameringen, Daniel R. Gigler, and van Ameringen & Knorr, for plaintiff.

Arthur H. Marateck, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Acting Attorney General, for defendants.

Submitted on briefs, March 12, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE BLATT, July 23, 1979:

The petitioner, the Duquesne Slag Products Company, brought this action in equity seeking to restrain the Commonwealth defendants from requesting competitive bids for stone, gravel or slag on a per-ton basis and to compel bidding therefor on a volume basis instead. Preliminary objections have been filed, demurring to the action and raising a question of jurisdiction, and these are presently before us for disposition...

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