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BRICK TP. MUN. UTIL. AUTH. v. DIVERSIFIED R.B. & T. CONSTRUCTION CO.

171 N.J. Super. 397 (1979)

409 A.2d 806

BRICK TOWNSHIP MUNICIPAL UTILITIES AUTHORITY, A BODY POLITIC ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DIVERSIFIED R.B. & T. CONSTRUCTION CO., INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT, v. AMERICAN ARBITRATION ASS'N, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1979.

Attorney(s) appearing for the Case

Thomas S. Cosma argued the cause for appellant (Connell, Foley and Geiser, attorneys; Theodore W. Geiser, of counsel).

Michael E. Cunningham argued the cause for respondent Brick Township Municipal Utilities Authority (Starkey, Kelly, Cunningham and Blaney, attorneys).

Respondent American Arbitration Ass'n did not file brief.

Before Judges LORA, ANTELL and PRESSLER.

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

Diversified R.B. & T. Construction Co., Inc. (Diversified) appeals from a final judgment entered in the Chancery Division permanently enjoining and restraining it from arbitrating a claim against Brick Township Municipal Utilities Authority (BTMUA) for additional costs for realignment of an effluent line on a construction project because its demand for arbitration was filed out of time.

BTMUA and...

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