REMEDIAL EDUC. & DIAG. v. ESSEX CTY. EDUC. SER.


191 N.J. Super. 524 (1983)

468 A.2d 253

REMEDIAL EDUCATION AND DIAGNOSTIC SERVICES, INC., PLAINTIFF-APPELLANT, v. ESSEX COUNTY EDUCATIONAL SERVICES COMMISSION, ET ALS., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1983.


Attorney(s) appearing for the Case

Stephen N. Dratch argued the cause for appellant (Greenberg, Margolis, Ziegler & Schwartz, attorneys; Mark S. Tabenkin on the brief).

Alfred E. Ramey, Jr., Deputy Attorney General, argued the cause for respondent Commissioner of Education (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz, Deputy Attorney General, of counsel; Alfred E. Ramey, Jr. on the brief).

Edward F. Petit-Clair argued the cause for respondent Essex County Educational Services Commission (Petit-Clair & Graves, attorneys; Edward F. Petit-Clair of counsel; William E. Graves on the brief).

William S. Greenberg argued the cause for intervenor-respondent NJEA and ESTA (Greenberg, Kelley & Prior, attorneys; James F. Schwerin of counsel and on the brief).

Before Judges ANTELL, JOELSON and McELROY.


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

This is an action for breach of contract. Defendant is a public body, and the narrow question presented is whether it was within its statutory powers to enter into the contract on which the suit is based.

Defendant was created pursuant to N.J.S.A. 18A:6-51 et seq.

for the purpose of carrying on programs of educational research and development and providing to public school districts...

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