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FEREDAY & MEYER CO., INC. v. CITY OF ELIZABETH BD., PUBLIC WORKS

27 N.J. 218 (1958)

142 A.2d 99

FEREDAY & MEYER CO., INC., A NEW JERSEY CORPORATION, AND SAMUEL SCHAPIRO, A TAXPAYER OF THE CITY OF ELIZABETH, NEW JERSEY, PLAINTIFFS-APPELLANTS, v. BOARD OF PUBLIC WORKS OF THE CITY OF ELIZABETH, NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 2, 1958.

Attorney(s) appearing for the Case

Mr. John E. Toolan argued the cause for the appellants (Messrs. Toolan, Haney & Romond, attorneys).

Mr. Raymond A. Leahy argued the cause for the municipal defendants-respondents.

Mr. Samuel A. Larner argued the cause for defendants-respondents Peter Roselle et al., t/a Peter Roselle & Sons (Messrs. Budd, Larner & Kent, attorneys).

The opinion of the court was delivered by JACOBS, J.

The plaintiffs appealed to the Appellate Division from the summary judgment which the Law Division had entered in favor of the defendants. We granted certification under R.R. 1:10-1(a).

The plaintiff Fereday & Meyer Co., Inc. was engaged in the scavenger business and since 1939 performed garbage collection services for the City of Elizabeth under...

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