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GEORGE HARMS CONST. CO. v. OCEAN CTY. SEWERAGE AUTH.

163 N.J. Super. 107 (1978)

394 A.2d 360

GEORGE HARMS CONSTRUCTION COMPANY, PLAINTIFF-RESPONDENT, v. OCEAN COUNTY SEWERAGE AUTHORITY, DEFENDANT-RESPONDENT, AND SOMERSET VALLEY CONSTRUCTION CO., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1978.

Attorney(s) appearing for the Case

Mr. Richard K. Rosenberg argued the cause for appellant (Messrs. Rosenberg & Waldman, attorneys).

Mr. Theodore W. Geiser argued the cause for plaintiff-respondent (Messrs. Connell, Foley & Geiser, attorneys; Mr. Thomas S. Cosma, on the brief).

Mr. George R. Gilmore argued the cause for defendant-respondent (Messrs. Hiering, Grasso, Gelzer & Kelaher, attorneys; Mr. Richard H. Woods on the brief).

Before Judges LYNCH, CRANE and HORN.

PER CURIAM.

Plaintiff, second lowest bidder on a contract for construction of a sewer interceptor for defendant Ocean County Sewerage Authority (OCSA), filed a complaint in lieu of prerogative writs to enjoin OCSA from implementing its conditional award to defendant Somerset Valley Construction Co. (Somerset), the lowest bidder. The trial judge entered judgment in favor of plaintiff, enjoining OCSA from executing the contract with Somerset. Somerset appeals.

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