Legal Opinion
Commonwealth, Department of Transportation v. Dyberry Sand & Gravel, Inc.
Commonwealth Court of Pennsylvania
Decided June 13, 1988No. Appeal No. 1180 C.D. 1987PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
Judge MacPhail,
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 DOTs Engineering District 4-0 during the 1983-1984 snow season. Dyberry delivered its last two shipments on March 7 and 15, 1984, respectively. DOTs normal procedure when material is taken from the vendors…
2Cases cited4 opinions
- Nesbitt v. Erie Coach Co.Supreme Court of Pennsylvania · 1964
- Com., Dept. of Public Wel. v. Uec, Inc.Supreme Court of Pennsylvania · 1979
- Commonwealth v. IrwinCommonwealth Court of Pennsylvania · 1984
- Commonwealth v. RodebaughCommonwealth Court of Pennsylvania · 1986
3Cited by5 opinions
- Commonwealth, Department of Transportation v. E-Z Parks, Inc.Commonwealth Court of Pennsylvania · 1993
- Davis v. CommonwealthCommonwealth Court of Pennsylvania · 1995
- Miller v. CommonwealthCommonwealth Court of Pennsylvania · 1990
- In re: Condemnation by Sunoco Pipeline L.P. ~ Appeal of: Hershey's Mill Homeowners Assoc.Commonwealth Court of Pennsylvania · 2024
- In re: Condemnation by Sunoco Pipeline L.P. ~ Appeal of: Village of Quaker Homeowners Assoc.Commonwealth Court of Pennsylvania · 2024