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PennDOT v. UPPER PROV. TWP. MUN. AUTH.

No. 1757 C.D. 1976.

55 Pa.Commw. 398 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Plaintiff v. Upper Providence Township Municipal Authority, Defendant. Fridy, Gauker & Fridy, Inc. et al., Additional Defendants.

Commonwealth Court of Pennsylvania.

December 17, 1980.

Attorney(s) appearing for the Case

John T. Kalita, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for plaintiff.

Clarke F. Hess, with him William J. Brennan, Butera, Hess, Beausang & Moyer, for defendant.

James L. Price, Steinberg, Greenstein, Gorelick & Price, for additional defendants, Robert J. Gauker and Gauker-Fridy Associates.

William C. Summers, McWilliams, Sweeney & Powell, for additional defendants, Charles D. Fridy and Betz Environmental Engineers, Inc.

Argued October 9, 1980, before Judges MacPHAIL, WILLIAMS, JR. and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, December 17, 1980:

The Commonwealth of Pennsylvania, Department of Transportation (DOT) has filed a complaint in assumpsit and trespass in this Court naming the Upper Providence Township Municipal Authority (Authority) as defendant.

The complaint seeks damages in the amount of $20,709.15 for an alleged breach of or negligent performance of a contract entered into in 1967 between DOT and the Authority for installation of a sewer line...

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