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D. O. T. v. WESTMORELAND ENG. CO., INC.

No. 622 C.D. 1983.

87 Pa.Commw. 285 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Westmoreland Engineering Company, Inc., Respondent.

Commonwealth Court of Pennsylvania.

January 31, 1985.

Attorney(s) appearing for the Case

John J. Buchy, Jr., Assistant Counsel, with him, Mark F. Brancato, Assistant Counsel, Robert H. Raymond, Jr., Assistant Chief Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for respondent.

Thomas P. Shearer, with him, George I. Bloom, for respondent.

Argued September 10, 1984, before Judges WILLIAMS, JR., and BARRY and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, January 31, 1985:

The Pennsylvania Department of Transportation (PennDOT) appeals here a decision and order of the Board of Claims (Board) awarding Westmoreland Engineering Company, Inc. (Westmoreland) compensation for professional services rendered pursuant to Contract No. 39630.1

On January 8, 1968, the parties entered into Contract No. 39630 under which Westmoreland agreed to prepare final design plans...

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