G & W, INC. v. EAST RUTHERFORD BOR.


280 N.J. Super. 507 (1995)

656 A.2d 11

G & W, INC., T/A G & W TOWING, PLAINTIFF-APPELLANT, v. BOROUGH OF EAST RUTHERFORD, STARS AND STRIPES, INC., T/A ROADMASTERS TOWING, INC., AND JOHN OCCHIUZZIO AND SON, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 1995.


Attorney(s) appearing for the Case

Barry S. Goodman argued the cause for appellant (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys; Mr. Goodman of counsel; and Ms. Nancy Isaacson on the brief and reply brief).

Joan Atkins Porro argued the cause for defendant, Borough of East Rutherford (Porro and Porro, attorneys; Ms. Atkins Porro on the brief).

Andrea A. Angera, argued the cause for defendant, Stars and Stripes, Inc., t/a Roadmasters Towing (A. William Sala, Jr. of counsel; and Mr. Angera on the brief).

Before Judges STERN and HUMPHREYS.


The opinion of the court was delivered by HUMPHREYS, J.S.C. (temporarily assigned).

Plaintiff G & W, Inc., a towing company, charges the defendant municipality and two towing companies with conspiring to exclude plaintiff from the towing business in East Rutherford. Plaintiff seeks damages contending that the defendants violated (1) the New Jersey Antitrust Act ("Act"), N.J.S.A. 56:9-3 and N.J.S.A. 56:9-4a; (2) the New Jersey Local Public Contracts...

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