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ROSE, INC. v. BD. OF EDUCATION OF EAST ORANGE

39 N.J. Super. 565 (1956)

121 A.2d 549

EDWARD J. ROSE, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. THE BOARD OF EDUCATION OF EAST ORANGE, IN THE COUNTY OF ESSEX, NEW JERSEY, AND A.A. LA FOUNTAIN, INC., A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 22, 1956.

Attorney(s) appearing for the Case

Mr. Alan V. Lowenstein, attorney for plaintiff.

Mr. Walter C. Ellis, attorney for defendant Board of Education of East Orange.

Mr. Warren Dixon, Jr., attorney for defendant A.A. La Fountain, Inc.

COLIE, J.S.C.

This matter is before the court on a complaint in lieu of prerogative writ. The matter came up on order to show cause why the Board of Education of East Orange should not be restrained from awarding the contract for the proposed north wing addition to the Elmwood School to the defendant, A.A. LaFountain, Inc. On the return day the matter was argued and briefed as a motion and counter-motion for summary judgment.

The factual situation is clear...

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