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NATIONAL SURETY CORP. v. BARTH

8 N.J. 121 (1951)

84 A.2d 1

NATIONAL SURETY CORPORATION, PLAINTIFF-RESPONDENT, v. ARTHUR F. BARTH, INDIVIDUALLY, AND TRADING AS BARTH CONTRACTING COMPANY ET ALS., DEFENDANTS-APPELLANTS, AND CHARLES MARTINI AND FRANK MARTINI, PLAINTIFFS-RESPONDENTS, v. ARTHUR F. BARTH, DEFENDANT.

The Supreme Court of New Jersey.

Decided November 5, 1951.

Attorney(s) appearing for the Case

Mr. Chester K. Ligham, Deputy Attorney-General, argued the cause for the appellants, J. Lindsay De Valliere, Director of the Division of Budget and Accounting and Charles R. Erdman, Jr., Administrator of Public Housing and Development Authority (Mr. Theodore D. Parsons, Attorney-General of New Jersey, attorney).

Mr. Herman D. Ringle argued the cause for the Division of Employment Security of the Department of Labor and Industry of the State of New Jersey (Mr. Charles A. Malloy, attorney).

Mr. Charles A. Rooney argued the cause for the respondent National Surety Company.

The opinion of the court was delivered by BURLING, J.

The appeal in this civil action presents one primary question: whether the State of New Jersey may be sued for money due under a contract entered into between a contractor and the Administrator of the Public Housing and Development Authority of the State of New Jersey (hereinafter called the Administrator) under L. 1946, c. 323 (N.J.S.A. 55:14G-1 et seq).

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