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  5. 33 N.Y.2d 566 (1973)
 

L. A. WENGER CONTRACTING CO., INC. v. STATE UNIV. CONSTR. FUND

33 N.Y.2d 566 (1973)

L. A. Wenger Contracting Co., Inc., Appellant, v. State University Construction Fund, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1973.

Attorney(s) appearing for the Case

A. Abba Koblenz for appellant.

Jay R. Handwerger for respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

Order affirmed, with costs...

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