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STATEWIDE HI-WAY SAFETY, INC. v. DEPT. OF TRANSP.

283 N.J. Super. 223 (1995)

661 A.2d 826

STATEWIDE HI-WAY SAFETY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION; CRISDEL GROUP, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND JAMES J. ANDERSON CONSTRUCTION CO., INC., A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, DEFENDANT-RESPONDENT/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 1995.

Attorney(s) appearing for the Case

Steven E. Brawer argued the cause for appellant Statewide Hi-Way Safety, Inc. (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys; Mr. Brawer, of counsel and on the brief, reply letter brief and supplemental letter brief).

David J. Kenny argued the cause for cross-appellant James J. Anderson Construction Co., Inc. (Hartsough & Kenny, attorneys; Mr. Kenny, of counsel and on the brief).

John F. Casey argued the cause for respondent Crisdel Group, Inc. (Wolff & Samson, attorneys; Arthur S. Goldstein, of counsel; Mr. Casey, on the brief and supplemental letter brief).

Kelly J. Williams, Deputy Attorney General, argued the cause for respondent State of New Jersey, Department of Transportation (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Christine R. Bork, Deputy Attorney General, on the brief; Ms. Williams on the supplemental letter brief).

Before Judges MICHELS, STERN and KEEFE.

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

Statewide Hi-Way Safety, Inc. (Statewide), appeals and James J. Anderson Construction Co., Inc. (Anderson), cross-appeals from an administrative determination of the Department of Transportation (Department or NJDOT). The Department rejected Statewide's bid for highway construction work on the ground that its bid of $7,561,000 for the "cost component" of a highway project exceeded the maximum amount it could...

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