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P.T. & L. CONST. CO. v. COMM'R DEPT. OF TRANSP.

57 N.J. 439 (1971)

273 A.2d 353

P.T. & L. CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. COMMISSIONER, DEPARTMENT OF TRANSPORTATION, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 8, 1971.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser argued the cause for appellant (Messrs. Hughes, McElroy, Connell, Foley and Geiser, attorneys).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for respondent Commissioner, Department of Transportation (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Alfred L. Nardelli, on the brief).

PER CURIAM.

Plaintiff sued to recover money withheld by the state for damages caused by its alleged delay in the completion of a job under contract with the state. Before trial, the court dismissed the complaint on the state's defense of sovereign immunity. We certified plaintiff's appeal before argument in the Appellate Division. This Court reversed, 55 N.J. 341 (1970), holding that a state may be sued on a contract even though satisfaction...

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