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J. TURCO PAVING CON. v. CITY COUNCIL OF ORANGE

89 N.J. Super. 93 (1965)

213 A.2d 865

J. TURCO PAVING CONTRACTOR, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CITY COUNCIL OF THE CITY OF ORANGE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND TRI-COUNTY ASPHALT CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND HOUSING AUTHORITY OF THE CITY OF ORANGE, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY, INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1965.

Attorney(s) appearing for the Case

Mr. James N. Marinello argued the cause for appellant (Messrs. Marinello, Henkel and Soriano, attorneys).

Mr. Felix J. Verlangieri argued the cause for respondent City Council of the City of Orange.

Mr. Everett M. Scherer argued the cause for respondent Tri-County Asphalt Corporation (Messrs. Riker, Danzig, Scherer & Brown, attorneys; Mr. Theodore R. Monica, Jr. on the brief).

Before Judges CONFORD, KILKENNY and LEONARD.

The opinion of the court was delivered by KILKENNY, J.A.D.

Plaintiff contractor's suit in the Law Division, a proceeding in lieu of prerogative writs challenging the legality of an award of a municipal contract for a public improvement by the City Council of the City of Orange to defendant contractor, Tri-County Asphalt Corporation, instead of to plaintiff as the low bidder, was dismissed by the Law Division on motion of defendants before trial, on the sole ground...

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