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ALTEMOSE v. PENNSYLVANIA HIGHER EDUCATIONAL FACILITIES AUTHORITY (02/28/73)

decided: February 28, 1973.

ALTEMOSE, ET AL.
v.
THE PENNSYLVANIA HIGHER EDUCATIONAL FACILITIES AUTHORITY, ET AL.



Original jurisdiction in case of J. Leon Altemose and Roger D. Altemose v. The Pennsylvania Higher Educational Facilities Authority and W. Stuart Helm, Executive Director, and Northeastern Christian Junior College.

COUNSEL

Clarke F. Hess, with him John C. Butera, and Butera & Detwiler, for plaintiffs.

Richard L. Kearns, for defendant, Authority.

Francis P. O'Hara, with him Paul W. Callahan and Fox, Differ, Mazer & Callahan, for defendant, Northeastern Christian Junior College.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer.

Author: Mencer

[ 7 Pa. Commw. Page 597]

This is an action in equity commenced on August 11, 1972 by J. Leon Altemose and Roger D. Altemose (plaintiffs) when they filed their complaint seeking a temporary and a permanent injunction to enjoin the Pennsylvania Higher Educational Facilities Authority and its Executive Director, W. Stuart Helm (defendants),

[ 7 Pa. Commw. Page 598]

    from awarding contracts for the construction of a student dormitory building at Northeastern Christian Junior College (College), 1860 Montgomery Avenue, Villanova, Montgomery County, Pennsylvania. Defendants filed an answer and new matter and plaintiffs replied to the new matter. Following a hearing on August 18, 1972, we refused to grant a preliminary injunction, and the issue of granting a permanent injunction is now before us.

The factual background which preceded this controversy began with the advertising for competitive bids, to be opened on August 3, 1972, for the construction of a student dormitory at the college. One of the unsuccessful bidders was Altemose Construction Company of Norristown, Pennsylvania. Plaintiffs are the President and Vice President of Altemose Construction Company, and Roger D. Altemose signed the bid proposal made by his company relative to the dormitory construction here in question. We have considered the pleadings and all of the testimony taken before us and make the following

Findings of Fact

1. The plaintiffs, J. Leon Altemose and Roger D. Altemose, are individuals and reside at 3204 Nottingham Road, Norristown, Montgomery County, Pennsylvania, and Lywiski and Evansburg Roads, Collegeville, Montgomery County, Pennsylvania, respectively, and are taxpayers within the Commonwealth of Pennsylvania.

2. The defendant, Pennsylvania Higher Educational Facilities Authority, is a state authority created by the Pennsylvania Legislature by the Act of December 6, 1967, P.L. 678, 24 P.S. ยง 5501, et seq., known as "The Pennsylvania Higher Educational Facilities Authority Act of 1967," and has its ...


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