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MATTER OF CESTONE v. EVANS

281 A.D. 359 (1953)

In the Matter of Pat Cestone et al., Doing Business as Cestone-Sammak Co., Appellants, v. Charles F. Evans et al., Constituting The Town Board of the Town of Elmira, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 11, 1953.

Attorney(s) appearing for the Case

William H. Fitzgerald for appellants.

L. H. Teeter for Town Board of the Town of Elmira, respondent.

Gino J. Di Marco for Di Marco & Ciccone, Inc., respondent.

FOSTER, P. J., BERGAN, COON and HALPERN, JJ., concur.

IMRIE, J.

This is an appeal from an order of Broome County Special Term denying the relief sought in a proceeding instituted under article 78 of the Civil Practice Act for an order directing the Elmira Town Board to award to petitioners a contract for constructing a sewer system and to abrogate the contract made with Di Marco and Ciccone, Inc.

The bidders involved here will be referred to, respectively...

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