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JAMES PETROZELLO CO., INC. v. CHATHAM TP.

75 N.J. Super. 173 (1962)

182 A.2d 572

JAMES PETROZELLO COMPANY, INC., ET AL., PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF CHATHAM, ETC., PETER ROSELLE & SONS CO., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1962.

Attorney(s) appearing for the Case

Mr. John R. Miller argued the cause for appellant Township of Chatham, etc.

Mr. Samuel A. Larner argued the cause for appellants Peter Roselle & Sons, et al. (Messrs. Budd, Larner & Kent, attorneys).

Mr. Merritt Lane, Jr., argued the cause for respondents (Messrs. McCarter & English, attorneys).

Before Judges CONFORD, GAULKIN and KILKENNY.

The opinion of the court was delivered by KILKENNY, J.A.D.

Plaintiffs' action in the Superior Court, Law Division, to set aside the township's award of a garbage contract for five years to the defendant contractors resulted in a judgment setting aside the award, and defendants appealed.

The facts are not in dispute. On November 9, 1961 the Township of Chatham advertised for bids for the collection of garbage and other refuse from properties within the municipality...

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