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NORTHAMPTON COM. COL. v. DOW CHEMICAL

528 Pa. 502 (1991)

598 A.2d 1288

NORTHAMPTON COUNTY AREA COMMUNITY COLLEGE and Northampton County Area Community College Authority, Appellants, v. DOW CHEMICAL, U.S.A.; Masonry Systems of Pennsylvania, Inc. a/k/a Gramar, Inc.; Wallace and Watson Associates, Successor in Interest to Coston Wallace Watson; James T. Hartnett Construction Co., Inc.; and Clarence B. Haney Mason Contractor, Inc., Truett Coston, William Wallace and William Watson, Individually and t/a Coston, Wallace and Watson, Appellees.

Supreme Court of Pennsylvania.

Decided November 7, 1991.

Reargument Denied May 29, 1992.

Attorney(s) appearing for the Case

Paul A. Logan, Richard B. Ashenfelter, Jr., Mark F. Brancato, King of Prussia, for appellant.

Jonathan D. Herbst, Philadelphia, for Masonry Systems of Penna. Inc., a/k/a Grammer, Inc.

John E. Schuppert, III, Mark A. Welge, Philadelphia, for Dow Chemical, U.S.A.

Joseph A. Holko, Allentown, for Wallace and Watson Associates, Successor in interest to Coston Wallace Watson.

Elizabeth McKenna, Philadelphia, for Truett Coston, William Wallace and William Watson, Individually and t/a Coston, Wallace and Watson.

Shawn P. Kenny, Harrisburg, for James T. Hartnett Const. Co., Inc., and Clarence B. Haney Mason Contractor, Inc.

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

ORDER

PER CURIAM:

Order affirmed.

PAPADAKOS, J., files a dissenting opinion in which LARSEN, J., joins.

PAPADAKOS, Justice, dissenting.

Because I believe this Court should have addressed the question of who can invoke the doctrine of nullum tempus occurrit regi (time does not run against the king), I feel compelled to dissent to the per curiam order disposing of this appeal.

On or about August 31, 1971, the Appellants...

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