# Conduit & Foundation Corp. v. City of Philadelphia

> Commonwealth Court of Pennsylvania · April 12, 1979 · 41 Pa. Commw. 641

URL: https://www.frixlaw.com/law-library/cases/6365130

## Case

- **Full name:** The Conduit and Foundation Corporation v. City of Philadelphia, The Water Department of the City of Philadelphia, and Carmen F. Guarino, Water Commissioner. City of Philadelphia and Carmen F. Guarino, Appellants The Conduit and Foundation Corporation v. City of Philadelphia, The Water Department of the City of Philadelphia, and Carmen F. Gnarino, Water Commissioner. Colanero Contracting Company
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** April 12, 1979
- **Citations:** 41 Pa. Commw. 641; 401 A.2d 376; 1979 Pa. Commw. LEXIS 1440
- **Precedential status:** Published
- **Opinion:** Concurring in part by Wilkinson
- **Judges:** Blatt, Bowman, Craig, Crumlish, Disalle, MacPhail, Mencer, Rogers, Wilkinson
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6365130

## Opinion text

Concurring and Dissenting Opinion by
Judge Wilkinson, Jr.:
I concur with the majority opinion insofar as it affirms the decision of the Common Pleas Court for I would affirm the entire Decree. In my opinion, the abuse to be avoided by rejecting this bid will not be avoided if the next lower bidder does not receive the contract. I cannot bring myself to believe that the City of Philadelphia, absent fraud, collusion, bad faith or arbitrary action can now exercise its right to reject and perhaps rebid today a contract on which it received a $2,288,340 bid in June of 1977.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6365130. Public record. Not legal advice.