The opinion of the court was delivered by DONGES, J.A.D.
Appeal is taken from an order of the Superior Court, Law Division, denying the appellant's application for a summary judgment and ordering that the complaint filed by appellant be dismissed.
The action was instituted to have certain advertising bids of respondent declared illegal and void as not being in conformity with R.S. 40:9-3. The statute provides as follows:
"In the preparation...
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