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PERSEO v. DEPT. OF TRANSPORTATION

No. 1439 C.D. 1981.

63 Pa.Commw. 562 (1981)

John Perseo, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

December 31, 1981.

Attorney(s) appearing for the Case

Charles M. Golden, with him Sharlyn B. Cohen, Barsky, Golden & Remick, P.C., for petitioner.

Andrew H. Cline, Assistant Counsel, with him Alexander V. Sarcione, Assistant Chief Counsel, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for respondent.

Submitted on briefs November 20, 1981, before Judges WILLIAMS, JR., MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., December 31, 1981:

Petitioner John Perseo filed a Petition for Review under the original jurisdiction of this Court, praying that we declare defective certain bidding notices and procedures utilized by the respondent, Commonwealth of Pennsylvania, Department of Transportation (PennDOT). To that petition, PennDOT filed preliminary objections, contending that the petitioner lacks the capacity to bring this action, since he did not allege...

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