Court of Appeals for the Third Circuit August 31, 1989, No. 88-3434 (Beaver Valley Power Co. v. National Engineering & Contracting Co.)

OPINION OF THE COURT

STAPLETON, Circuit Judge.

This appeal presents a modern version of an age-old problem: reconciling the mutually exclusive interests of riparian landowners. See generally Morton J. Horwitz, The Transformation of American Law 32-53 (1977). Pursuant to a contract with the Pennsylvania Department of Transportation (PennDOT), National Engineering & Contracting Co.