NACHTIGALL v. N.J. TURNPIKE AUTHORITY


302 N.J. Super. 123 (1997)

WALTER NACHTIGALL, PLAINTIFF-APPELLANT, v. NEW JERSEY TURNPIKE AUTHORITY, NEW JERSEY HIGHWAY AUTHORITY, SOUTH JERSEY TRANSPORTATION AUTHORITY AND MFS NETWORK TECHNOLOGIES, INC., DEFENDANTS-RESPONDENTS. IN THE MATTER OF THE PROTEST OF LOCKHEED MARTIN IMS RE: ELECTRONIC TOLL COLLECTION IMPLEMENTATION PROGRAM PROCUREMENT, THE PROTEST OF PROCUREMENT PROCEDURES AND AWARD.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1997.


Attorney(s) appearing for the Case

Gregory P. Joseph (Fried, Frank, Harris, Shriver & Jacobson) of the New York bar, admitted pro hac vice, and Karen A. Confoy (Sterns & Weinroth) argued the cause for appellant Lockheed Martin IMS Corporation (Richard K. Weinroth and Mr. Joseph, of counsel; Ms. Confoy, Robert C. Lewis and Richard Joffe, on the brief).

Robert C. Epstein argued the cause for appellant Walter Nachtigall (Hannoch Weisman, attorneys; Mr. Epstein and Ronald M. Sturtz, on the brief).

William J. Wolf argued the cause for respondent New Jersey Turnpike Authority (Bathgate, Wegener & Wolf, attorneys; Mr. Wolf and Michael M. DiCicco, on the brief).

Salvatore A. Romano (Jenkens & Gilchrist) of the D.C. bar, admitted pro hac vice, and Steven E. Brawer (Ravin, Sarasohn, Cook, Baumgarter, Fisch & Rosen) argued the cause for respondent MFS Network Technologies, Inc. (Messrs. Romano and Brawer, of counsel and on the brief with Christopher E. Hartmann, Richard S. Robinson, Scott R. Schoenfeld and Gregory J. Casas).

Charles W. Hutchinson appeared for respondent South Jersey Transportation Authority (Gilmore & Monahan, attorneys; Mr. Hutchinson, on the brief).

Before Judges PRESSLER, KESTIN and WECKER.


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

In the fall of 1995, an ad hoc alliance (the Consortium) was formed by mutual resolutions and a memorandum of understanding adopted and executed by four agencies operating New Jersey's toll roads and interstate toll connections, namely, the New Jersey's Turnpike Authority (NJTA); the New Jersey Highway Authority (NJHA), operating the Garden State Parkway; the South Jersey Transportation Association...

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