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KUTZTOWN STATE COLLEGE v. DEGLER-WHITING (08/05/83)

decided: August 5, 1983.

KUTZTOWN STATE COLLEGE, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF EDUCATION, PETITIONERS
v.
DEGLER-WHITING, INCORPORATED, COMMONWEALTH OF PENNSYLVANIA, BOARD OF CLAIMS, RESPONDENTS



Appeal from the Order of the Board of Claims in the case of Degler-Whiting, Inc. v. Commonwealth of Pennsylvania, Department of Education, Docket No. FC-77-79.

COUNSEL

Wayne M. Richardson, Regional Legal Counsel, for petitioners.

Donald E. Hogeland, for respondents.

Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 76 Pa. Commw. Page 181]

Kutztown State College (college) and the Pennsylvania Department of Education, have appealed from an order of the Board of Claims (board) awarding the appellee, Degler-Whiting, Inc., $4,175.00 with interest, on account of the delivery and erection of a football scoreboard at the college in June, 1976.

The chronology of events is as follows:

May 5, 1976 -- Degler-Whiting obtained a purchase order signed by the college athletic director for a football scoreboard to be shipped to the college fieldhouse at Kutztown. The following

[ 76 Pa. Commw. Page 182]

    notation appeared on the order: THIS SCOREBOARD IS TO BE BILLED TO KUTZTOWN STATE COLLEGE ALUMNI ASSOCIATION, INC. Degler-Whiting delivered the scoreboard in June, 1976, and thereafter erected it at the college football field.

June 2, 1976 -- Degler-Whiting billed the college $4,175.00 for "1 Football Scoreboard." It was not paid.

November 19, 1976 -- The Kutztown State College Alumni Association, Inc. filed a petition in bankruptcy in the United States District Court for the Eastern District of Pennsylvania. Degler-Whiting was named as an unsecured creditor by the alumni association.

December 20, 1976 -- The alumni association was adjudged bankrupt.

May 16, 1977 -- Degler-Whiting filed an action in assumpsit against Kutztown State College in the Berks County Court of Common Pleas for the cost of the scoreboard. Thereafter, Degler-Whiting filed a petition in the bankruptcy court for a declaration that the ...


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