CONSTRUCTION AGGREGATES CORPORATION v. STATE


148 Conn. 315 (1961)

CONSTRUCTION AGGREGATES CORPORATION v. STATE OF CONNECTICUT

Supreme Court of Connecticut.

Decided May 2, 1961.


Attorney(s) appearing for the Case

W. Robert Hartigan, with whom were Charles W. Page and, on the brief, Ralph C. Dixon, for the appellant (plaintiff).

Jack Rubin, assistant attorney general, with whom, on the brief, was Albert L. Coles, attorney general, for the appellee (defendant).

Martin S. Michelson and David M. Shea filed a brief as amici curiae.

BALDWIN, C. J., KING, MURPHY, MELLITZ and SHEA, JS.


MELLITZ, J.

In 1955, the defendant was engaged in the construction of the Greenwich-Killingly expressway, now known as the Connecticut turnpike. To obtain fill for use as embankment on the project, the defendant entered into a contract with the plaintiff by which the latter was to supply the required material through dredging operations in Bridgeport harbor. The plaintiff brought this action, pursuant to authorization; 28 Spec. Laws 512, No. 429; to recover a balance...

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