WITTIE ELECTRIC CO., INC. v. STATE


139 N.J. Super. 529 (1976)

354 A.2d 659

WITTIE ELECTRIC CO., INC., A NEW JERSEY CORPORATION, APPELLANT, v. THE STATE OF NEW JERSEY, WILLIAM F. HYLAND, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, S. LEONARD DiDONATO, DIRECTOR OF THE DIVISION OF BUILDING & CONSTRUCTION OF THE STATE OF NEW JERSEY, AND E.P. REID, A NEW JERSEY CORPORATION, JOINTLY, INDIVIDUALLY AND IN THE ALTERNATIVE, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1976.


Attorney(s) appearing for the Case

Mr. Ira C. Miller argued the cause for appellant (Messrs. Pellettieri and Rabstein, attorneys).

Mr. Peter D. Pizzuto, Deputy Attorney General, argued the cause for respondent Director, Division of Building and Construction (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Joel M. Steinberg argued the cause for respondent E.P. Reid, Inc. (Messrs. Schwartz, Steinberg & Tobia, attorneys; Mr. Richard J. Murray on the brief).

Before Judges FRITZ, SEIDMAN and MILMED.


PER CURIAM.

Wittie Electric Co., Inc., appeals under R. 2:2-3(a)(2) from a decision of the Director, Division of Building and Construction, Department of the Treasury, awarding to E.P. Reid, Inc., a contract for electrical work on a state construction project at the North Jersey Training School in Totowa.

Reid, the lowest bidder, had submitted a bid $188 less than that of Wittie, the next low bidder. The Director of

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