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LANE CONSTR. v. WINONA CONSTR.

49 A.D.2d 142 (1975)

Lane Construction Corporation et al., Respondents, v. Winona Construction Company, Inc., Appellant

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

October 23, 1975

Attorney(s) appearing for the Case

Kramer, Wales & McAvoy (Donald W. Kramer of counsel), for appellant.

Hinman, Howard & Kattell (Charles F. Fish of counsel), for respondents.

KANE, KOREMAN, LARKIN and REYNOLDS, JJ., concur.

SWEENEY, J. P.

In December, 1963 plaintiff Lane Construction Corporation (hereinafter Lane) entered into two contracts with the State of New York for the construction of a highway in the Binghamton area. On December 4, 1963 defendant Winona Construction Company (hereinafter Winona) submitted a written bid to supply Lane with dump trucks and drivers at $10 an hour per truck. Trucks and drivers were first supplied...

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