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DELTA CHEMICAL v. OCEAN CTY. UTIL.

231 N.J. Super. 180 (1988)

554 A.2d 1381

DELTA CHEMICAL CORPORATION, PLAINTIFF, v. OCEAN COUNTY UTILITIES AUTHORITY AND ALLIED COLLOIDS, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 22, 1988.

Attorney(s) appearing for the Case

Richard A. Grossman and Thomas J. Heavey, for plaintiff (Grossman & Kruttschnitt, attorneys).

Richard H. Woods, for defendant Ocean County Utilities Authority (Hiering, Dupignac & Barnes, attorneys).

Arnold R. Kent, for defendant Allied Colloids.

SERPENTELLI, A.J.S.C.

More than a half century after the enactment of the so-called "Buy American" requirement now contained in the Local Public Contracts Law [N.J.S.A. 40A:11-18], the court is asked to determine the constitutionality of that provision. It is a case of first impression since the only other definitive challenge to the Buy American concept in New Jersey was within the context of state purchases made pursuant to N.J.S.A. 52:33-2 and 3....

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