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REMSCO ASSOC. v. RARITAN TP. MUN. UTIL. AUTH.

115 N.J. Super. 326 (1971)

279 A.2d 860

REMSCO ASSOCIATES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND JOSEPH WENDLINGER, PLAINTIFFS-APPELLANTS, v. RARITAN TOWNSHIP MUNICIPAL UTILITIES AUTHORITY, A BODY PUBLIC, POLITIC AND CORPORATE (AND EIGHT OTHERS), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1971.

Attorney(s) appearing for the Case

Mr. William J. O'Hagan, Jr. argued the cause for appellants (Messrs. Stout, O'Hagan, DeVito & Hertz, attorneys).

Mr. Sydney S. Souter argued the cause for respondent The Raritan Township Municipal Utilities Authority (Mr. Alfred L. Kettell, Jr., on the brief).

Mr. Seymour I. Marcus argued the cause for respondent Perkins, Kanak and Foster, Inc. (Messrs. Levy, Levy, Albert & Marcus, attorneys).

Mr. Alfred A. Porro, Jr., attorney for respondents Municiplex, Inc. and Gibraltar Securities Co., filed a brief.

Before Judges CONFORD, KOLOVSKY and CARTON.

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

A three-count complaint was filed in this action on June 11, 1970 by a taxpayer of Raritan Township and by Remsco Associates, Inc. (Remsco), allegedly the lowest bidder responding to an invitation for bids for the construction of a sewage treatment plant advertised by defendant Raritan Township Municipal Utilities Authority (the Authority).

The first count sought an adjudication that the Authority...

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