K.S.B. TECH. SALES v. NO. JERSEY DIST. WATER SUPPLY


75 N.J. 272 (1977)

381 A.2d 774

K.S.B. TECHNICAL SALES CORP. AND LINDA FAZIO, PLAINTIFFS-RESPONDENTS-CROSS-APPELLANTS, v. NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT-CROSS-RESPONDENT, AND BRISCOE/COURTER/CONDUIT, A JOINT VENTURE AND TERMINAL CONSTRUCTION CORP., ET AL., INTERVENORS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 23, 1977.


Attorney(s) appearing for the Case

Mr. Harold R. Teltser argued the cause for appellant-cross-respondent (Messrs. Teltser and Perle, attorneys; Mr. Teltser, of counsel and on the brief; Mr. Michael R. Perle, on the brief).

Mr. Michael S. Bokar, Deputy Attorney General, argued the cause for intervenor-appellant State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Julius B. Poppinga argued the cause for respondents-cross-appellants (Messrs. McCarter and English, attorneys; Mr. Poppinga, of counsel; Mr. John R. Drosdick, on the brief).

Mr. Herbert R. Ezor argued the cause for intervenors-respondents (Messrs. Heller and Laiks, attorneys; Mr. Murray A. Laiks, of counsel).


The opinion of the court was delivered by SCHREIBER, J.

This case projects for our review the validity of New Jersey "Buy American" statutes, which generally require use in government purchase contracts of materials produced in this country. The bidding specifications of the North Jersey District Water Supply Commission (Commission) for a water treatment plant contained such a provision. K.S.B. Technical Sales Corp. (K.S.B.), a New York corporation which is a wholly...

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