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COM., DEPT. OF GEN. SER. v. FRANK BRISCOE CO.

502 Pa. 449 (1983)

466 A.2d 1336

COMMONWEALTH of Pennsylvania, DEPARTMENT OF GENERAL SERVICES, Petitioner in No. 92, Appellee in No. 58 and Appellant in No. 59, v. FRANK BRISCOE COMPANY, INC. and Travelers Indemnity Company, Petitioners in No. 92, Appellants in No. 58 and Appellees in No. 59 and James C. Eastley, Inc., Steel City Piping Company, Keystone Engineering Corp., and Westinghouse Elevator Company, Respondents in No. 92 and Appellees in Nos. 58 and 59.

Supreme Court of Pennsylvania.

Decided October 19, 1983.

Attorney(s) appearing for the Case

Bruce W. Kauffman, Sheryl L. Auerbach, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Anthony P. Krzywicki, Chief Counsel, Com. of Pa., Dept. of Gen. Services, Harrisburg, for Com. of Pa., Dept. of General Services.

Kenneth M. Cushman, Kenneth I. Levin, Pepper, Hamilton & Scheetz, Philadelphia, Robert S. Peckar, Peckar & Abramson, Hackensack, N.J., for Frank Briscoe Co., Inc., and Travelers Indemnity Co.

Kenneth M. Cushman, Kenneth I. Levin, Philadelphia, Robert S. Peckar, Hackensack, N.J., for appellants at No. 58.

Bruce W. Kauffman, Sheryl L. Auerbach, Philadelphia, Anthony Krzywicki, Harrisburg, for appellant at No. 59.

Steven A. Arbittier, David F. Simon, Philadelphia, for Keystone Engineering.

Theodore A. Adler, Camp Hill, for Steel City Piping Co. and James C. Eastley, Inc.

Mary Jane Forbes, McNees, Wallace & Nurick, Harrisburg, for Westinghouse Elevator Co.

Rod J. Pera, Harrisburg, for Westinghouse Elevator Co.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

ROBERTS, Chief Justice.

These are consolidated appeals from two orders of the Commonwealth Court entered in a contract action arising from delays alleged to have been incurred in the construction of the David L. Lawrence Convention Center in Pittsburgh, Pennsylvania. In a complaint filed in the original jurisdiction of the Commonwealth Court, the Department of General Services ("Department") seeks damages from the Frank Briscoe Company...

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