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POLY-FLEX v. CAPE MAY COUNTY MUN. UTILITIES AUTH.

Civ. A. No. 91-3199 (SSB).

832 F.Supp. 889 (1993)

POLY-FLEX, INC. and Tensar Corporation, Plaintiffs, v. CAPE MAY COUNTY MUNICIPAL UTILITIES AUTHORITY, D. Kemenash and Associates, Inc., J.H. Water Systems Inc., Earthwork Associates, Custom Structures Corp., Daley's Pit, Comstock Corporation, and First Indemnity of America Insurance Company, Defendants.

United States District Court, D. New Jersey.

September 20, 1993.

Attorney(s) appearing for the Case

John J. Petriello, Levy, Ehrlich & Kronenberg, Newark, NJ, Hal A. Emalfarb, Emalfarb, Swan & Bain, Highland Park, IL, for plaintiff.

James D. Ferrucci, Wolff & Samson, P.A., Roseland, NJ, for defendants.

OPINION

BROTMAN, Senior District Judge:

Presently before this court in this diversity action are plaintiff's motion for summary judgment and defendants' cross-motion for summary judgment. Underlying these motions is a question of first impression relating to the requirements that need be met in order for a supplier in a public works construction project to collect funds from a surety on a statutory bond under the New Jersey Bond Act, N.J.S.A. 2A:44...

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