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PennDOT v. DYBERRY S. & G., INC.

No. 1180 C.D. 1987.

117 Pa.Commw. 101 (1988)

542 A.2d 650

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Dyberry Sand & Gravel, Inc., Respondent.

Commonwealth Court of Pennsylvania.

June 13, 1988.

Attorney(s) appearing for the Case

Robert J. Shea, Assistant Counsel, with him, Kenneth Lee Sable, Assistant Counsel, John L. Heaton, Chief Counsel, for petitioner.

Lee C. Krause, for respondent.

Argued April 21, 1988, before Judges MacPHAIL and SMITH, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, June 13, 1988:

The Department of Transportation (DOT) appeals from a decision of the Board of Claims (Board) which awarded Dyberry Sand and Gravel, Inc. (Dyberry) the full contract price for two deliveries of Type III Anti-Skid Material (Material) delivered by Dyberry to DOT in March of 1984.

Dyberry entered into a contract with DOT on August 19, 1983, to deliver Material to DOT's Engineering District 4-0 during the 1983-1984 snow...

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