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BUCKLEY & CO., INC. v. STATE

140 N.J. Super. 289 (1975)

356 A.2d 56

BUCKLEY & COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND SCHIAVONE CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. THE STATE OF NEW JERSEY; COMMISSIONER, DEPARTMENT OF TRANSPORTATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 30, 1975.

Attorney(s) appearing for the Case

Messrs. Nolan, Lynes, Bell & Moore, Attorneys for plaintiffs Buckley & Company, Inc. and Schiavone Construction Co., Inc. (Mr. Jerome M. Lynes appearing).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for defendants State of New Jersey; Commissioner, Department of Transportation (Mr. Michael Fichera, Deputy Attorney General, appearing).

GAULKIN, J.S.C.

Plaintiff Buckley & Co., Inc. and Schiavone Construction Co., Inc. (Buckley/Schiavone), a joint venture, bring this action pursuant to the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq., against the State of New Jersey, through the Commissioner of the Department of Transportation (Department) to recover, for itself and certain of its subcontractors, sums claimed to be due arising out of the performance of a construction...

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