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GEORGE HARMS CONSTR. CO. v. BOR. OF LINCOLN PK.

161 N.J. Super. 367 (1978)

391 A.2d 960

GEORGE HARMS CONSTRUCTION COMPANY, INC., PLAINTIFF, v. BOROUGH OF LINCOLN PARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND D'ANNUNZIO — FIRESIDE UTILITY CONTRACTORS CORPORATION AND DISTRICT ASSOCIATES, INC., A JOINT VENTURE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 6, 1978.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser for plaintiff (Messrs. McElroy, Connell, Foley and Geiser, attorneys).

Mr. Frank Scangarella for defendant Borough of Lincoln Park (Messrs. Scangarella and Feeney, attorneys).

Mr. S. Philip Klein for defendant D'Annunzio — Fireside Utility Contractors Corporation and District Associates, Inc. (Messrs. Ozzard, Rizzolo, Klein, Mauro and Savo, attorneys).

MacKENZIE, J.C.C. (temporarily assigned).

The matter comes on for expedited resolution on the return date of an order to show cause with temporary restraints issued following the filing of a complaint in lieu of prerogative writs. Both defendants have answered. Defendant D'Annunzio — Fireside Utility Contractors Corporation and District Associates, Inc., a joint venture (hereinafter D'Annunzio), has cross-claimed and counterclaimed. Filed affidavits disclose...

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