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A & S TRANSP. CO. v. BERGEN CTY. SEWER AUTH.

135 N.J. Super. 117 (1975)

342 A.2d 865

A & S TRANSPORTATION CO., OCEAN DISPOSAL CO., INC., BOTH NEW JERSEY CORPORATIONS (A JOINT VENTURE) AND RONALD T. KILEY, PLAINTIFFS-RESPONDENTS, v. BERGEN COUNTY SEWER AUTHORITY, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY, AND GENERAL MARINE TRANSPORT CORP., A NEW JERSEY CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1975.

Attorney(s) appearing for the Case

Mr. David Carmel argued the cause for appellant Bergen County Sewer Authority (Messrs Gross, Demetrakis and Sinisi, attorneys).

Mr. Jared Stamell, attorney of the State of New York, argued the cause for appellant General Marine Transport Corp. (Mr. Harry Melnick, attorney).

Mr. Richard C. Cooper argued the cause for respondents (Messrs. McCarter and English, attorneys; Mr. Robert M. Becker on the brief).

Before Judges COLLESTER, LORA and HANDLER.

PER CURIAM.

We affirm substantially for the reasons expressed in the opinion of Judge Pressler reported at 133 N.J.Super. 266 (Law Div. 1975).

However, we do not subscribe to so much of the opinion which holds that because of inherent incomparability and the self-defeating consequence of a predetermined WPI increase for comparison purposes, it is improper to require bidders to submit both a fixed price and a flexible...

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