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FRANKLIN CONTRACTING CO. v. STATE

144 N.J. Super. 402 (1976)

365 A.2d 952

FRANKLIN CONTRACTING COMPANY, PLAINTIFF-APPELLANT, v. THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1976.

Attorney(s) appearing for the Case

Mr. Adrian M. Foley, Jr., argued the cause for appellant (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Mr. Richard L. Rudin, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General, attorney).

Before Judges MATTHEWS, SEIDMAN and HORN.

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

This appeal revolves about the interpretation of the provisions of a highway construction contract between the parties. The case was tried below without a jury. At the conclusion thereof Judge Johnson rendered a written opinion which is reported at 134 N.J.Super. 198 (Law Div. 1975). On the basis of that opinion a judgment of no cause for action was entered against plaintiff...

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