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PennDOT v. RUSSELL STANDARD CORP.

No. 1711 C.D. 1986.

120 Pa.Commw. 468 (1988)

548 A.2d 711

Commonwealth of Pennsylvania, Department of Transportation, Plaintiff v. Russell Standard Corporation et al., Defendants.

Commonwealth Court of Pennsylvania.

October 18, 1988.

Attorney(s) appearing for the Case

Brian H. Baxter, Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for plaintiff.

Robert A. Arcovio, Winters, McKenna & Arcovio, P.C., for defendants.

Argued May 27, 1988, before Judges BARRY and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE McGINLEY, October 18, 1988:

Plaintiff Commonwealth of Pennsylvania, Department of Transportation (DOT) filed a complaint in our original jurisdiction seeking a declaratory judgment against Russell Standard Corporation (Russell Standard), a highway construction contractor and Fireman's Fund, an insurance company, on a Certificate of Insurance Russell Standard obtained from Fireman's Fund in order to perform maintenance on a state highway pursuant to...

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