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R.C.G. CONSTRUCTION COMPANY v. MAYOR AND COUNSIL OF BOROUGH OF KEYPORT

812 A.2d 362 (2003)

175 N.J. 68

R.C.G. CONSTRUCTION COMPANY, INC., A New Jersey Corporation, Plaintiff-Appellant, v. The MAYOR AND COUNCIL OF the BOROUGH OF KEYPORT; the Borough of Keyport, A Municipal Corporation and Corporate Body Politic and A & K Excavating, L.L.C., A New Jersey Limited Liability Company, Defendants-Respondents, and Emara Construction Co., Inc., A New Jersey Corporation and Maharaj Construction, Inc., A New Jersey Corporation, Defendants.

Supreme Court of New Jersey.

Decided January 6, 2003.

Attorney(s) appearing for the Case

Thomas Daniel McCloskey, Woodbridge, argued the cause for appellant (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys).

Gordon N. Litwin, Ocean, argued the cause for respondents Mayor and Council of the Borough of Keyport and the Borough of Keyport (Ansell Zaro Grimm & Aaron, attorneys; Mr. Litwin and Andrew J. Provence, Newark, on the briefs).

Raymond Springberg, Holmdel, argued the cause for respondent A & K Excavation, L.L.C.

Steven A. Berkowitz, Cherry Hill, argued the cause for amici curiae, Plumbers & Pipefitters Local Union 322 and Plumbers & Pipefitters Local Union 9.

PER CURIAM.

The judgment is affirmed, substantially for the reasons expressed in Judge Havey's opinion of the Appellate Division, reported at 346 N.J.Super. 58, 786 A.2d 895 (2001).

For affirmance—Chief Justice PORITZ and Justices COLEMAN, LONG, VERNIERO, LaVECCHIA, ZAZZALI and ALBIN...

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