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FOSTER WHEELER PASSAIC v. PASSAIC CTY.

266 N.J. Super. 429 (1993)

630 A.2d 280

FOSTER WHEELER PASSAIC, INC., PLAINTIFF-RESPONDENT, v. COUNTY OF PASSAIC, PASSAIC COUNTY UTILITIES AUTHORITY, AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1993.

Attorney(s) appearing for the Case

Sheldon L. Cohen argued the cause for appellants County of Passaic and the Passaic County Utilities Authority (DeCotiis & Pinto, attorneys; Mr. Cohen, of counsel; Michael S. Caro, on the brief).

Carla Vivian Bello, Senior Deputy Attorney General, argued the cause for appellant Department of Environmental Protection and Energy (Robert J. Del Tufo, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Bello on the brief).

Harold G. Levison argued the cause for respondent (Mudge, Rose, Guthrie, Alexander & Ferdon, attorneys; Mr. Levison, of counsel; Carmen Saginario Jr., on the brief).

Before Judges SHEBELL, A.M. STEIN and CONLEY.

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

Defendants appeal an order enforcing an arbitration provision contained in a "service agreement" between the County of Passaic and plaintiff. The agreement was for the construction and operation of a resource recovery facility. The County1 procured the agreement pursuant to the "McEnroe Act", N.J.S.A. 13:1E-136 to -168, which requires, among other things, review and approval...

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