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MTR OF MONOCO OIL v. COLLINS

96 Misc.2d 631 (1978)

In the Matter of Monoco Oil Co., Inc., Petitioner, v. Michael Collins et al., Constituting the Board of Education of the Kenmore-Tonawanda Union Free School District, et al., Respondents.

Supreme Court, Erie County.

October 13, 1978

Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer for petitioner. Jaeckle, Fleischmann & Mugel for respondents.

JOSEPH J. SEDITA, J.

This CPLR article 78 proceeding is brought on by an order to show cause why the respondent school district should not be ordered to annul its fuel oil contract with corespondent Newman Fuel Oil Corporation.

The petitioner herein alleges that the school district is in violation of section 103 of the General Municipal Law. This section requires that all major governmental purchases...

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