Commonwealth v. Diamond Shamrock Chemical Co.

Opinion by

President Judge Bowman,

This is an assumpsit action filed within our original jurisdiction by the Commonwealth of Pennsylvania (Commonwealth) against Diamond Shamrock Chemical Company (Diamond). Presently before us are (1) the Commonwealth’s application for leave to file answer nunc pro tunc to Diamond’s request for admissions and (2) Diamond’s motion for summary judgment.

On January 20, 1976, the Commonwealth filed its complaint in assumpsit, the essential allegations of which are as follows: On or about November 15, 1973, the Commonwealth and Diamond entered into a writ*91ten contract…