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CAPASSO v. L. PUCILLO AND SONS, INC.

132 N.J. Super. 542 (1974)

334 A.2d 370

FRANK CAPASSO, T/A CAPASSO BROS. AND ROBERT LAUDATI, PLAINTIFFS, v. L. PUCILLO AND SONS, INC., AND THE TOWN OF BELLEVILLE, DEFENDANTS. RICHARD W. DILL AND JAMES PETROZELLO COMPANY, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. TOWN OF BELLEVILLE AND THE BOARD OF COMMISSIONERS OF TOWN OF BELLEVILLE, AND L. PUCILLO & SONS, INC., DEFENDANTS.

Superior Court of New Jersey, Chancery and Law Divisions.

Decided January 2, 1974.

Attorney(s) appearing for the Case

Mr. Richard C. Cooper and Mr. Reginald Jennings for plaintiffs Frank Capasso and Robert Laudati (Messrs. McCarter & English, attorneys).

Mr. Mark D. Larner for defendant L. Pucillo & Sons, Inc. (Messrs. Budd, Larner, Kent, Gross & Picillo, attorneys).

Mr. David Samson for plaintiffs Richard W. Dill and James Petrozello Company, Inc. (Messrs. Lieb, Wolff & Samson, attorneys).

Mr. John R. Scott for defendant Town of Belleville.

KIMMELMAN, J.S.C.

This case poses a somewhat unique problem of statutory construction involving the interplay between the public bidding statutes and the jurisdiction of the Public Utilities Commission over certain public utilities. This formal written opinion follows up on an oral opinion delivered because of the rather urgent necessity for a determination by this court so that the parties would know where they stood...

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