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UNADILLA SILO CO. v. HESS BROS.

123 N.J. 268 (1991)

586 A.2d 226

UNADILLA SILO CO., INC., A NEW YORK CORPORATION, IN ITS OWN NAME AND AS ASSIGNEE OF ECO BRIDGE, INC., AND/OR B & W CONTRACTORS, INC., PLAINTIFF-APPELLANT, v. HESS BROTHERS, INC., NORTH AMERICAN REINSURANCE COMPANY, A NEW YORK CORPORATION, FIDELITY AND DEPOSIT COMPANY OF MARYLAND, A MARYLAND CORPORATION, AND SKANDIA AMERICA REINSURANCE COMPANY, A DELAWARE CORPORATION, DEFENDANTS-RESPONDENTS, AND STATE OF NEW JERSEY, DEFENDANT.

The Supreme Court of New Jersey.

Decided February 28, 1991.

Attorney(s) appearing for the Case

Ronald Reichstein argued the cause for appellant.

Jeffrey M. Garrod argued the cause for respondents (Orloff, Lowenbach, Stifelman & Siegel, attorneys; Jeffrey M. Garrod and Daniel R. Guadalupe, on the brief).

Paul P. Mathews submitted a letter in lieu of brief on behalf of respondent Hess Brothers, Inc., in defense of the Fourth Count of the Complaint. (Gennet and Kallmann, attorneys).

The opinion of the Court was delivered by STEIN, J.

The sole issue before us is whether a supplier of specially-fabricated goods is a "subcontractor" on a public-works project pursuant to the New Jersey Bond Act (the Bond Act), N.J.S.A. 2A:44-143 to -147, thereby entitling those who supply labor or materials to that supplier to recover under the bond for sums not received.

Hess Brothers, Inc. (Hess), the general...

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