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COGEN TECHNOLOGIES v. BOYCE ENG.

241 N.J. Super. 268 (1990)

574 A.2d 1018

COGEN TECHNOLOGIES NJ VENTURE; MCNAIR ENERGY SERVICES CORPORATION; AND CEA BAYONNE, INC., PLAINTIFFS-APPELLANTS, v. BOYCE ENGINEERING INTERNATIONAL INC.; NEW JERSEY STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 1990.

Attorney(s) appearing for the Case

William W. Robertson argued the cause for appellants Cogen Technologies NJ Venture and CEA Bayonne, Inc. William J. Wolf argued the cause for appellants McNair Energy Services Corporation (Hannoch Weisman, and Bathgate, Wegener, Wouters & Neumann, attorneys; William W. Robertson, William J. Wolf and Michael M. DiCicco on the joint brief).

Richard D. Shapiro argued the cause for respondent Boyce Engineering International, Inc. (Hellring Lindeman Goldstein Siegal Stern & Greenberg, attorneys, Richard D. Shapiro and Jeffrey Speiser on the brief).

Before Judges MICHELS, DEIGHAN and R.S. COHEN.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

Plaintiffs commenced this declaratory judgment action in an attempt to resolve a question of New Jersey law which they thought dispositive of a law suit they were involved in as defendants in a Texas court. Plaintiff Cogen is a New Jersey joint venture of a variety of corporations, which constructed a cogeneration plant in Bayonne. Plaintiff McNair is a Texas corporation which signed an agreement in 1983...

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