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MODJESKI AND MASTERS v. LARSON ET AL.

No. 1804 C.D. 1979.

50 Pa.Commw. 215 (1980)

Modjeski and Masters, Petitioner v. Thomas D. Larson, Secretary of the Department of Transportation and Cecil M. Andrews, Comptroller of the Department of Transportation, Respondents.

Commonwealth Court of Pennsylvania.

March 20, 1980.

Attorney(s) appearing for the Case

James H. Stewart, Jr., of Nauman, Smith, Shissler & Hall, for petitioner.

Stuart J. Moskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for respondents.

Argued February 5, 1980, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, CRAIG and WILLIAMS, JR. Judges MENCER and MacPHAIL did not participate.

OPINION BY JUDGE WILLIAMS, JR., March 20, 1980:

This case arises on a Petition for Review filed by Modjeski and Masters, and classified by petitioner as an action of mandamus. The petitioner seeks an order compelling the Secretary and the Comptroller of the Department of Transportation to certify the payment of a sum of money allegedly owing and due the petitioner. The respondents, pursuant to Rule 1972(1) of the Pennsylvania Rules of Appellate Procedure, filed a...

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