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F. J. BUSSE, INC. v. DEPT. OF GEN. SERVICES

No. 2340 C.D. 1978.

47 Pa.Commw. 539 (1979)

F.J. Busse, Inc., Petitioner v. Department of General Services, Respondent.

Commonwealth Court of Pennsylvania.

December 5, 1979.

Attorney(s) appearing for the Case

James F. Manley, with him Burns, Manley & Little, for petitioner.

Barbara Sumple, with her Arnold L. Wainstein, Assistant Attorney General, Theodore A. Adler, Chief Counsel, and J. Justin Blewitt, Acting Attorney General, for respondent.

Argued September 14, 1979, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, December 5, 1979:

This is an appeal from an order of the Board of Arbitration of Claims (Board) denying contract damages to F.J. Busse, Inc. (Busse).

On May 25, 1972, Busse and the General State Authority (GSA) entered into a contract for the construction of a fountain at Point State Park in Pittsburgh, Pennsylvania, where the Allegheny and Monongahela Rivers join to form the Ohio River. This area has been subject to frequent flooding...

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