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SPINA ASPHALT PAVING EXCAVATING CONTRACTORS, INC. v. BOROUGH OF FAIRVIEW

304 N.J. Super. 425 (1997)

SPINA ASPHALT PAVING EXCAVATING CONTRACTORS, INC., PLAINTIFF-RESPONDENT, v. BOROUGH OF FAIRVIEW AND THE MAYOR AND COUNCIL OF THE BOROUGH OF FAIRVIEW AND TOMARO CONTRACTING, INC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 26, 1997.

Attorney(s) appearing for the Case

Jennifer A. Cottell argued the cause for appellant Tomaro Contracting, Inc. (Gerard F. Smith, attorney; Ms. Cottell, on the brief).

John L. Schettino argued the cause for appellants Borough of Fairview and the Mayor and Council of the Borough of Fairview (Giblin and Giblin, attorneys; Mr. Schettino, on the statement in lieu of brief).

David M. Payne argued the cause for respondent, Spina Asphalt Paving Excavating Contractors, Inc.

Before Judges D'ANNUNZIO, A.A. RODRIGUEZ and COBURN.

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

The Borough of Fairview, upon receipt of bids submitted in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 to -49, awarded a contract for its Ninth Street Sewer, Phase 13 Project to defendant Tomaro Contracting, Inc. ("Tomaro"). Plaintiff, Spina Asphalt Paving Excavating Contractors, Inc. ("Spina"), instituted this action in lieu of prerogative...

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