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IMPAC, INC. v. PATERSON

178 N.J. Super. 195 (1981)

428 A.2d 553

IMPAC, INC., AL BOONSTRA, LAFRONT TUGMAN, RAFAELLA CALVINO, ANTHONY TRAINA, JOSEPH TRAINA, HELEN BUTLER, FLORENTINA RINALDO, SILVIO GIANNELLA, AND MARIO OCCHIPINTI, PLAINTIFFS-RESPONDENTS, v. THE CITY OF PATERSON, THE CITY COUNCIL OF THE CITY OF PATERSON AND JAMES PETROZELLO CO., INC. AND MAPLEWOOD DISPOSAL CO., A JOINT VENTURE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division..

Decided April 6, 1981.

Attorney(s) appearing for the Case

Irwin H. Tessler, Assistant Corporation Counsel, argued the cause for appellant City of Paterson (Henry Ramer, Corporation Counsel, attorney).

David Samson argued the cause for appellants James Petrozello Co., Inc. and Maplewood Disposal Co. (Kimmelman, Wolff & Samson, attorneys).

Mark Larner argued the cause for respondents (Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys).

Before Judges MICHELS, KOLE and ARD.

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

Defendants, City of Paterson and a joint venture (P-M) consisting of James Petrozello Co., Inc. and Maplewood Disposal Co. appeal from a grant of summary judgment in favor of plaintiffs Impac, Inc. and several resident taxpayers of Paterson. The trial judge granted the relief sought by plaintiffs by setting aside the city's award of a refuse collection and disposal contract to P-M on the ground that there were...

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