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DEPT. OF TRANS. v. FIRST PENNA. BANK, N. A.

No. 143 C.D. 1982.

77 Pa.Commw. 551 (1983)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. First Pennsylvania Bank, N.A., Respondent.

Commonwealth Court of Pennsylvania.

October 17, 1983.

Attorney(s) appearing for the Case

George D. Wenick, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for petitioner.

Joseph L. Farrell, Jr., Assistant Counsel, with him Leo Francis Doyle, Counsel, for respondent.

Argued May 11, 1983, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARBIERI, October 17, 1983:

The Pennsylvania Department of Transportation (DOT) appeals here from an order of the Board of Claims (Board) awarding the First Pennsylvania Bank, N.A. (First Pennsylvania) $2,695.34 for breach of contract. We reverse.

In April of 1978, First Pennsylvania financed the purchase of a new automobile from Murphy Ford, and accordingly had a first lien on the vehicle. Murphy Ford then submitted an application to DOT...

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