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UTILIMATIC, INC. v. BRICK TP. M.U.A.

267 N.J. Super. 139 (1993)

630 A.2d 862

UTILIMATIC, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. BRICK TOWNSHIP M.U.A., DEFENDANT. UTILIMATIC, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. LAKEWOOD TOWNSHIP MUNICIPAL UTILITY AUTHORITY AND WATER SPECIALTIES, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided June 18, 1993.

Attorney(s) appearing for the Case

Vincent P. Trovini for plaintiff (Breslin & Trovini, attorneys).

Damian G. Murray for defendant Brick Township Municipal Utilities Authority.

Norman D. Smith for defendant Lakewood Township Municipal Utilities Authority.

Craig L. Wellerson for defendant Water Specialties, Inc. (Dasti, Murphy & Wellerson, attorneys).

SERPENTELLI, A.J.S.C.

This action in lieu of prerogative writs involves a novel issue arising out of the interpretation of Section 13 of the Local Public Contracts Law, N.J.S.A. 40A:11-1 to -48, and its application to alleged "lock out" or "sole source" bidding specifications.

Plaintiff, Utilimatic, Inc. ("Utilimatic"), filed a suit against defendant Brick Township Municipal Utilities Authority ("BTMUA" or "Authority") and a second action against defendant...

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