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SCHIAVONE CONST. CO., INC. v. SAMOWITZ

No. 77 Civ. 4788.

451 F.Supp. 29 (1978)

SCHIAVONE CONSTRUCTION CO., INC., Plaintiff, v. Charles SAMOWITZ, as Commissioner of The New York City Department of Environmental Protection, Grow Tunneling Corp., MacLean Grove & Co., Inc., Morrison-Knudsen Company, Inc., Peter Kiewit Sons' Co., Andrew Catapano Co., Inc., a joint venture of corporations and Eckardt C. Beck, as Regional Administrator for Region II of the United States Environmental Protection Agency, Defendants.

United States District Court, S. D. New York.

January 20, 1978.

Attorney(s) appearing for the Case

Carter, Ledyard & Milburn, New York City by Jack Kaplan, New York City, for plaintiff.

Allan G. Schwartz, Corp. Counsel, New York City by Theodore Gilbert, New York City, for defendant Samowitz.

Berman, Paley, Goldstein & Berman, New York City by Murray Berman, Tony Berman, New York City, for defendants Grow Tunneling Corp., MacLean Grove & Co., Inc., Morrison-Knudsen Company, Inc., Peter Kiewit Sons' Co., Andrew Catapano Co., Inc.

Robert B. Fiske, Jr., U. S. Atty., New York City by Anne Sidamon-Eristoff, Asst. U. S. Atty., New York City, for defendant Beck.

MEMORANDUM DECISION

STEWART, District Judge:

The plaintiff, Schiavone Construction Co., challenges the award of a contract by the New York City Department of Environmental Protection to the defendant corporations, a joint venture which I shall refer to as "Grow". Schiavone claims that it, not Grow, was the low bidder on the contract. The facts are undisputed.

The contract is for the construction of an interceptor sewer, part of a court-ordered water...

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