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  5. 26 A.D.2d 405 (1966)
 

PEOPLE v. ROUSE CONSTR. CORP.

26 A.D.2d 405 (1966)

The People of the State of New York, Appellant, v. John W. Rouse Construction Corporation et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 29, 1966.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (George H. Rothlauf and Ruth Kessler Toch of counsel), for appellant.

McClung, Peters & Simon (Robert E. Simon of counsel), for respondents.

GIBSON, P. J., and STALEY, JR., J., concur. HERLIHY, J., concurs in the result but on the sole ground that the bid was properly withdrawn prior to the acceptance by the State. TAYLOR, J., not voting.

REYNOLDS, J.

This is an appeal from a judgment of the Supreme Court, Albany County, dismissing the State's complaint after trial.

On February 4, 1960 the State opened bids submitted for work on two canal locks in Oswego County and on February 8 notified respondent John W. Rouse Construction Corporation that it was the low bidder. Rouse shortly thereafter realized that the State required the lock gates...

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