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MATTER OF NOEL J. BRUNELL & SON, INC. v. TOWN OF CHAMPLAIN

64 A.D.2d 757 (1978)

In the Matter of Noel J. Brunell & Son, Inc., Respondent, v. Town of Champlain et al., Appellants, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 13, 1978

Judgment affirmed, with costs, on the opinion of Harvey, J., at Special Term.

Mikoll, J. (dissenting).

I respectfully dissent. In October, 1977, the Town of Champlain published a bid document advertising for bids on a road improvement project in the town. The project was to be financed by a Federal Economic Development Administration (EDA) grant. As a condition to receipt of this grant, the EDA required the contractor to expend at least 10% of...

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