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BRYAN CONST. CO., INC. v. BD. OF TRUSTEES, OF MONTCLAIR

31 N.J. Super. 200 (1954)

106 A.2d 303

BRYAN CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BOARD OF TRUSTEES OF THE FREE PUBLIC LIBRARY OF THE TOWN OF MONTCLAIR, IN THE COUNTY OF ESSEX, AND FRANK BRISCOE COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1954.

Attorney(s) appearing for the Case

Mr. Milton Bruck argued the cause for the plaintiff-appellant (Messrs. Bruck & Bigel, attorneys).

Mr. Samuel Allcorn, Jr., argued the cause for the defendant-respondent Board of Trustees of the Free Public Library of the Town of Montclair.

Mr. John J. McCloskey argued the cause for the defendant-respondent Frank Briscoe Company, Inc. (Messrs. Levy, Fenster & McCloskey, attorneys).

Before Judges CLAPP, SMALLEY and SCHETTINO.

The opinion of the court was delivered by SMALLEY, J.S.C. (temporarily assigned).

This is an appeal from a summary judgment rendered in favor of defendants in a proceeding in lieu of prerogative writ, commenced by plaintiff to set aside the action taken by defendant Board of Trustees of the Free Public Library of the Town of Montclair, in awarding to defendant Frank Briscoe Company, Inc., a contract for the construction of a new public library. A statement of the...

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