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F.S.D. INDUSTRIES, INC. v. BD., ED. CITY OF PATERSON

166 N.J. Super. 330 (1979)

399 A.2d 1021

F.S.D. INDUSTRIES, INC., PLAINTIFF-RESPONDENT, v. BOARD OF EDUCATION OF THE CITY OF PATERSON AND ITT CONTINENTAL BAKING COMPANY, INC., MORTON FROZEN FOODS DIVISION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1979.

Attorney(s) appearing for the Case

Mr. Herman W. Steinberg argued the cause for appellant Board of Education of the City of Paterson.

Mr. Warren J. Kaps argued the cause for appellant ITT Continental Baking Company, Inc.

Mr. Robert L. Podvey argued the cause for respondent (Messrs. Podvey & Sachs, attorneys).

Before Judges MATTHEWS, KOLE and MILMED.

PER CURIAM.

Briefly summarized, the salient facts of this appeal are as hereinafter stated. Defendant board of education requested solicitation of bid proposals for a pre-plated lunch program to be conducted for students of the school district. The request for bids provided that the contract to be awarded would be based upon price, attractiveness of product, wholesomeness, nutritional value and other subjective judgments...

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