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DEPT. OF TRANS. v. ANJO CON. CO., INC.

Nos. 623 C.D. 1983 and 963 C.D. 1983.

87 Pa.Commw. 310 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Anjo Construction Company, Inc., Respondent. Anjo Construction Company, a corporation, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

February 1, 1985.

Attorney(s) appearing for the Case

George D. Wenick, Assistant Counsel, with him, Robert H. Raymond, Jr., Assistant Chief Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for petitioner/respondent, Department of Transportation.

Robert N. Peirce, for respondent/petitioner, Anjo Construction Company, Inc.

Argued November 13, 1984, before Judges ROGERS, CRAIG and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, February 1, 1985:

Each Anjo Construction Company, Incorporated (Anjo) and the Commonwealth Department of Transportation (DOT) has appealed from an order of the Board of Claims directing DOT to pay Anjo the sum of $25,537.00, plus interest, for material used by Anjo in making repairs to a state-owned road.

The Board of Claims made the following findings of fact which economically state the case:

(3) On the basis of a bid it...

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