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PASSAIC VALLEY SEWERAGE COM'RS v. GEO. M. BREWSTER & SON, INC.

32 N.J. 595 (1960)

161 A.2d 503

PASSAIC VALLEY SEWERAGE COMMISSIONERS, A BODY POLITIC AND CORPORATE, PLAINTIFF-APPELLANT, v. GEO. M. BREWSTER & SON, INC., A CORPORATION OF NEW JERSEY; KUCHAR BROTHERS, A CORPORATION OF NEW JERSEY; TERMINAL CONSTRUCTION CORP., A CORPORATION OF NEW JERSEY; JOSEPH MIELE CONSTRUCTION CO., INC., A CORPORATION OF NEW JERSEY; PHILIP R. SALVATORE, T/A C. SALVATORE AND SONS; AND LAFERA CONTRACTING CO., INC., A CORPORATION OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 6, 1960.

Attorney(s) appearing for the Case

Mr. Thomas E. Durkin, Jr., argued the cause for plaintiff-appellant.

Mr. William A. Wachenfeld argued the cause for all defendants-respondents (Mr. Wachenfeld, attorney for defendant-respondent LaFera Contracting Co., Inc.).

Mr. John J. Breslin, Jr., also argued the cause for defendant-respondent Geo. M. Brewster & Son, Inc. (Messrs. Breslin and Breslin, attorneys).

Mr. Joseph A. Hayden also argued the cause for defendant-respondent Kuchar Brothers (Messrs. Clancy and Hayden, attorneys).

Mr. Walter D. Van Riper also argued the cause for defendant-respondent Terminal Construction Corp. (Messrs. Van Riper and Belmont, attorneys).

Mr. Joseph Harrison also argued the cause for defendant-respondent Joseph Miele Construction Co., Inc.

Mr. Albert G. Besser also argued the cause for defendant-respondent Philip R. Salvatore.

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

The question before us is whether the trial court, under the circumstances present, properly dismissed the complaint following plaintiff's opening statement to the jury and then denied an application to reopen.

Geo. M. Brewster & Son, Inc. ("Brewster") was the low bidder, at $4,998,450, for certain construction work at plaintiff's Newark Bay pumping station and was awarded the contract in the fall of 1956...

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