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COM., DEPT. OF TR. v. J.W. BISHOP & CO.

497 Pa. 58 (1981)

439 A.2d 101

COMMONWEALTH, DEPARTMENT OF TRANSPORTATION, Appellant, v. J.W. BISHOP & COMPANY, INC., COMMONWEALTH, DEPARTMENT OF TRANSPORTATION, Appellant, v. George H. OVERMOYER.

Supreme Court of Pennsylvania.

Decided December 21, 1981.

Attorney(s) appearing for the Case

Mark F. Brancato, Asst. Counsel, Ward T. Williams, Chief Counsel, Harrisburg, for appellant.

F. Lee Shipman, Timothy I. Mark, Harrisburg, for J.W. Bishop & Co., Inc.

David E. Lehman, Harvey Freedenberg, Harrisburg, for George H. Overmoyer.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, and KAUFFMAN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

At issue on these appeals is the applicability of statutes of limitations to actions brought by the Commonwealth. We reaffirm the long-standing rule that such statutes do not apply to the Commonwealth unless the statute specifically so provides. Hence, we vacate the orders of the Commonwealth Court and remand for further proceedings.

These appeals arise out of two separate actions. In the case against appellee...

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