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Saturday, July 12, 2003 E-Mail this article to a friend Printer Friendly Version

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Body bag maker sues NYC for 9/11 order

A New Jersey plastic bag company sued New York City on Thursday for refusing to pay for 100,000 body bags it had ordered after the Sept. 11 attack on the World Trade Center.

Fordion Packaging of Hackensack, which filed suit in Manhattan federal court, is seeking payment of $203,388 plus interest.

The suit said the company had received a written order on Sept. 13, 2001, from the Department of Citywide Administrative Services and signed by its director of purchasing. Fordion said it had to put other clients’ business on hold to meet the order and had produced the bags within seven days. However, the city later told Fordion that it only had used a small portion of the bags and wanted to return the balance. The company refused, saying the bags were not returnable because they were specially produced items. “Defendant then belatedly attempted to reject the bags on the erroneous basis that they were not suitable for their intended purpose,” the suit said.

Fordion said that since some of the bags were used, they were acceptable by the city. “The true reason the city belatedly attempted to reject the body bags was that there were far fewer bodies recovered from the World Trade Center” the suit said. —Reuters

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