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P, T & L CONST. CO. v. COMM'R DEPT. OF TRANS.

55 N.J. 341 (1970)

262 A.2d 195

P, T & L CONSTRUCTION CO., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. COMMISSIONER, DEPARTMENT OF TRANSPORTATION, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 2, 1970.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser argued the cause for appellant (Messrs. Pindar, McElroy, Connell, Foley and Geiser, attorneys).

Mr. Stephen Skillman, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by WEINTRAUB, C.J.

Plaintiff sues the State on a written contract for public construction. The meritorious issue is whether plaintiff is entitled to the balance of $110,360.64 which the State withheld as damages for alleged delay in completion of the job. The merits were never reached because the trial court sustained the State's defense of immunity from suit. We certified plaintiff's...

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