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COM., DEPT. OF TRANSP. v. MITCHELL

517 Pa. 203 (1987)

535 A.2d 581

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee, v. Harold L. MITCHELL, individually, and Mark G. Shultz, individually, and Edward A. Cummins, individually, and Harold L. Mitchell, Mark G. Shultz, Edward A. Cummins, t/a Cummins Construction Company and/or Appalachian Pipeline, Inc. Appeal of Mark G. SHULTZ.

Supreme Court of Pennsylvania.

Decided December 29, 1987.

Reargument Denied February 29, 1988.

Attorney(s) appearing for the Case

George Retos, Jr., Retos, Held & Mascara, Washington, for appellants.

Kenneth Lee Sable, Michael J. McCaney, Jr., Asst. Counsels, Kenneth B. Allen, Dept. of Transp., Harrisburg, for appellee.

Robert M. Keener, Sayers, King, Keener & Nalitz, Waynesburg, for Harold L. Mitchell.

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

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

FLAHERTY, Justice.

On October 19, 1978, Harold L. Mitchell, Mark G. Shultz, and Edward G. Cummins were named in a federal indictment for fraudulently obtaining state highway contracts. These three men, acting with one Stephen Koratich, formed a business entity, the Cummins Construction Company, to lease construction equipment to the Pennsylvania Department of Transportation, (hereinafter "the department"), Greene...

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