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BOENNING v. BRICK TP. MUNICIPAL UTILITIES AUTH.

150 N.J. Super. 32 (1977)

374 A.2d 1214

HENRY O. BOENNING, PLAINTIFF-RESPONDENT, v. THE BRICK TOWNSHIP MUNICIPAL UTILITIES AUTHORITY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1977.

Attorney(s) appearing for the Case

Mr. Charles E. Starkey argued the cause for appellant (Messrs. Starkey, Turnbach, White & Kelly, attorneys).

Mr. Edward Feurey argued the cause for respondent (Messrs. Paschon & Feurey, attorneys).

Messrs. Rosenberg & Waldman filed a brief for amicus curiae Utility Contractors Association of New Jersey, Inc. (Mr. Richard K. Rosenberg on the brief).

Messrs. Hiering, Grasso, Gelzer & Kelaher filed a brief for amicus curiae Ocean County Sewerage Authority (Mr. Richard H. Woods on the brief).

Before Judges HALPERN, BOTTER and DAVIDSON.

The opinion of the court was delivered by BOTTER, J.A.D.

The sole issue on this appeal is whether the Brick Township Municipal Utilities Authority (Authority) can legally establish minimum unit prices to be bid for certain items of work and materials of an indeterminate quantity which may be required in execution of contracts for the installation of a municipal sewerage collection system. The concepts involved are referred to as "unbalanced bids" and "pennying...

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