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COM., DEPT. OF TRANSP. v. BETHLEHEM STEEL

486 Pa. 186 (1979)

404 A.2d 692

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION v. BETHLEHEM STEEL CORPORATION and Sanders and Thomas, Inc. v. TENSOREX COMPANY, INC., a New York Corporation, Tensorex Company, Inc., a Florida Corporation, No. 1 Contracting Corporation of Delaware, Sanders and Thomas, Inc., Brookhart and Tyo and Tyo and Fleischer, Inc.

Supreme Court of Pennsylvania.

Decided July 16, 1979.

Reargument Denied August 17, 1979.

Attorney(s) appearing for the Case

Roger T. Shoop, Harrisburg, for appellant.

Stuart J. Moskovitz, Harrisburg, for appellee Dept. of Transp. Edward E. Knauss, III, Harrisburg, for appellee Brookhart & Tyo & Tyo & Fleischer. Henry W. Rhoads, Harrisburg, for appellee Tensorex. David E. Lehman, Harrisburg, for appellee Bethlehem Steel.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO and LARSEN, JJ.

OPINION OF THE COURT

PER CURIAM.

This appeal is dismissed. Permission to appeal was granted to consider the continued validity of the rule that the statute of limitations does not run against the Commonwealth in light of Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978). But that issue should not be decided in this case because the Commonwealth Court's refusal...

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