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I.A. CONST. v. DEPT. OF TRANSP.

139 Pa.Commw. 509 (1991)

591 A.2d 1146

I.A. CONSTRUCTION CORPORATION, Individually and for the Use and Benefit of H. Miniscalco & Sons, Inc. and H. Miniscalco & Sons, Inc., Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent. DEPARTMENT OF TRANSPORTATION, Petitioner, v. I.A. CONSTRUCTION CORPORATION, Individually and for the Use and Benefit of H. Miniscalco & Sons, Inc. and H. Miniscalco & Sons, Inc., Respondents.

Commonwealth Court of Pennsylvania.

Decided May 6, 1991.

Reargument Denied July 15, 1991.

Attorney(s) appearing for the Case

Mark F. Brancato, with him, Paul A. Logan, Powell, Trachtman, Logan & Carrle, P.C., King of Prussia, for petitioners/respondents I.A. Const. Corp. et al.

James W. Kutz, Asst. Counsel, with him, John L. Heaton, Chief Counsel, Harrisburg, for respondent/petitioner, Department of Transp.

Before DOYLE and McGINLEY, JJ., and BARRY, Senior Judge.

BARRY, Senior Judge.

I.A. Construction Corp. (I.A.), individually and on behalf of H. Miniscalco & Sons, Inc. (Miniscalco), Miniscalco, individually, and the Department of Transportation (DOT) have filed cross-appeals from an order of the Pennsylvania Board of Claims (Board) which ordered DOT to pay damages to both I.A. and Miniscalco; the damages awarded were less than the amount sought by I.A. and Miniscalco.

I.A. was the low bidder on a project to reconstruct...

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