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BALDWIN ENTERPRISES v. TOWN OF WARWICK, N.Y.

226 N.J. Super. 549 (1988)

545 A.2d 201

BALDWIN ENTERPRISES, INC., PLAINTIFF-APPELLANT, v. TOWN OF WARWICK, NEW YORK, A MUNICIPAL CORPORATION OF THE STATE OF NEW YORK, VINCENT BROWN, SUPERVISOR AND THE BOARD OF THE TOWN OF WARWICK, JOHN FILIPOWSKI, JEROME FINE, GENE BARKER, GARY JUNDSBY, E. LEMIN, JIM LINTON, PETER MASKER, GEORGE T. RUSSELL, SCOTT RUSSELL, R. SCHERUERMANN, S.R. VAN DRYER, AND JAMES WATCH AND JOHN DOES # 1-# 10, NAMES BEING FICTITIOUS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 1988.

Attorney(s) appearing for the Case

Morris, Downing & Sherred, attorneys for appellant (David L. Johnson, of counsel and on the brief).

Hook, Torack & Smith, attorneys for respondents (Edward V. Torack, on the brief).

Before Judges R.S. COHEN and LANDAU.

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

Plaintiff-appellant Baldwin Enterprises, Inc. (Baldwin) is a New Jersey corporation which operates a sand and gravel quarry in Sussex County. Following a telephone inquiry from the superintendent of highways in the town of Warwick, New York (Warwick) Baldwin quoted a price for road sand/grits. Thereafter in December 1985 and early January 1986, several oral orders for road sand or grits were issued by Warwick...

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