June 27, 1969
HARRISBURG INCINERATOR AUTHORITY.
Appeal, No. 52, May T., 1969, from decree of Court of Common Pleas of Dauphin County, No. 2902 Equity Docket, 1968, in case of David R. Roche v. Harrisburg Incinerator Authority et al. Decree affirmed.
Louis J. Adler, for appellant.
James H. Stewart, Jr., with him John C. Sullivan, and Nauman, Smith, Shissler & Hall, for appellees.
Before Bell, C.j., Jones, Cohen, Eagen, O'brien, Roberts and Pomeroy, JJ.
Opinion PER CURIAM
Decree affirmed. Appellant to pay costs.
Mr. Justice ROBERTS and Mr. Justice POMEROY would affirm on the opinion of the court below.
ING OPINION BY MR. JUSTICE COHEN:
Since the building which houses the incinerator is included as part of the contract and is specifically designed to house a particular patented system, the invitation for alternative bids is a subterfuge because no bidder could submit a proposal in competition with the patented system. The form of the specification unlawfully limited competitive bidding since the building and the system were in reality one proprietary item.
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