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MCMULLIN v. MONTGOMERY COUNTY (03/08/72)

decided: March 8, 1972.

MCMULLIN
v.
MONTGOMERY COUNTY, ET AL.



Appeal from the Order of the Court of Common Pleas of Montgomery County, in case of J. Alfred McMullin v. County of Montgomery, A. Russell Parkhouse, Frank W. Jenkins and Daniel T. Costello, County Commissioners, Lawrence F. Flick, Controller, and Marywayne Gilmore, Treasurer, No. 71-5486.

COUNSEL

J. Edmund Mullin, with him Wisler, Pearlstine, Talone, Craig & Garrity, for appellant.

Roger B. Reynolds, County Solicitor, for appellee, Commissioners.

Lawrence F. Flick, with him Walton Coates, for appellee, Controller.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 4 Pa. Commw. Page 556]

A compactor being required for use at the County landfill, the Commissioners of Montgomery County employed the independent professional engineering firm which had designed the landfill to develop the specifications for equipment to be devoted to such use. These specifications, accepted by the Commissioners and duly submitted for public bidding, were as follows:

"Equipment Technical Specification:

"A. Compactor, Sanitary Landfill:

"General: Sanitary Landfill compactors shall be new, heavy duty, diesel powered, articulated all wheel drive with landfill blade, cab and various items described herein. Compactor shall be capable of operating on a 15 degrees slope of incorporated solid wastes.

"Quality Standard: The sanitary landfill compactors shall be model 825 as manufactured by Caterpiller, Inc., Model K-551 as manufactured by Koehring Road Division, or equal. Unit shall be designed specifically for the service intended. Modifications of units designed for different service and duty will not be acceptable.

"Engine: The compactors shall be powered by a diesel engine with a net flywheel horsepower rating of not less ...


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