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BUILDERS v. COMMONWEALTH DEPT. OF GEN. SER.

932 A.2d 1271 (2007)

PENNSYLVANIA ASSOCIATED BUILDERS AND CONTRACTORS, INC., Appellee v. COMMONWEALTH DEPARTMENT OF GENERAL SERVICES, Appellant.

Supreme Court of Pennsylvania.

Decided October 17, 2007.

Attorney(s) appearing for the Case

Elizabeth Anne O'Reilly, Harrisburg, PA Department of General Services Iris Susan Pincus, Jeffrey Cooper, Wolf Berk, Gaines & Liss, for Department of General Services.

Gerard M. Waites, O'Donoghue & O'Donoghue, L.L.P., for PA Contrator Associations.

John W. Boyle, Roy Alan Powell, Daniel Hutman, Jones Day, Pittsburgh, for PA Associated Builders and Contractors, Inc.

Before: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN, JJ.

OPINION

Chief Justice CAPPY.

In this appeal, we review the Commonwealth Court's Order, granting partial summary judgment to the appellee, Pennsylvania Associated Builders and Contractors, Inc. ("ABC"), and enjoining the appellant, the Commonwealth Department of General Services ("DGS"), from using the competitive sealed proposal process set forth in Section 513 of the Commonwealth Procurement Code ("Procurement Code" or "Code"), 62 Pa.C.S. §...

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