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K.S.B. TECH. SALES CORP. v. NORTH JERSEY DIST. WATER SUPPLY COMM.

151 N.J. Super. 218 (1977)

376 A.2d 960

K.S.B. TECHNICAL SALES CORP. AND LINDA FAZIO, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND BRISCOE/COURTER/CONDUIT, A JOINT VENTURE, INTERVENOR-RESPONDENT, AND TERMINAL CONSTRUCTION CORPORATION AND STATE OF NEW JERSEY, INTERVENORS-CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Mr. Julius B. Poppinga argued the cause for appellants and cross-respondents K.S.B. Technical Sales Corp. and Linda Fazio (Messrs. McCarter & English, attorneys; Mr. John R. Drosdick and Mr. Geoffrey McC. Johnson on the brief).

Mr. Harold R. Teltser argued the cause for respondent cross-appellant North Jersey District Water Supply Commission of the State of New Jersey (Messrs. Teltser and Perle, attorneys; Mr. Michael R. Perle on the brief).

Mr. Herbert R. Ezor argued the cause for cross-appellant Terminal Construction Corporation (Messrs. Heller & Laiks, attorneys; Mr. Murray A. Laiks of counsel).

Mr. Michael S. Bokar, Deputy Attorney General, argued the cause for cross-appellant State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey; Mr. Stephen L. Skillman, Assistant Attorney General, of counsel).

No brief was submitted on behalf of Briscoe/Courter/Conduit, a joint venture.

Before Judges LORA, CRANE and MICHELS.

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

This appeal is taken from a judgment of the Chancery Division which, in part, declared that a New Jersey "Buy American" statute, to wit N.J.S.A. 52:33-2, as incorporated in the addendum of the specifications relating to Contract W-76, Wanaque Filtration Plant, conflicts with the General Agreement on Tariffs and Trade (GATT) and the Supremacy Clause of The United States Constitution and is unconstitutional...

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