WHIPPANY PAPER BOARD CO., INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT,
v.
MICHAEL ALFANO, ROBERT K. DRAIN, DOMINICK IAFRATO, JAMES A. DERRICO, JR., JOSEPH DERRICO, BARKER STREET BALING CORP., WEST BRIGHTON MILL SUPPLIES, FRANK IAFRATO CORP., BAY WASTE TRUCKING, J & J SALES CORP. AND INTERSTATE PAPER SALES CORP., DEFENDANTS-APPELLANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 21, 1980.
Decided November 13, 1980.
Attorney(s) appearing for the Case
Bruce Goldstein argued the cause for appellants Dominick Iafrato, Barker Street Baling Corp., West Brighton Mill Supplies, Frank Iafrato Corp. and Bay Waste Trucking (Saiber, Schlesinger, Satz & Goldstein, attorneys).
Frederick Hafetz of the New York bar, argued the cause for appellants James A. Derrico, Jr., J & J Sales Corp. and Interstate Paper Sales Corp. (Coleman, Segal, Dember & Jaffe, attorneys).
Richard Miller of the New York bar, argued the cause for appellant Joseph Derrico (Rabner & Allcorn, attorneys).
Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys for appellant Michael Alfano.
Diamond, Diamond & Afflitto, attorneys for appellant Robert K. Drain.
Stephen N. Dermer, Bruce I. Goldstein, Mark Z. Segal, Harold Rabner and Joseph T. Afflitto on the joint brief of appellants.
Robert Beller, Assistant United States Attorney, argued the cause for the United States of America, amicus curiae (Robert J. Del Tufo, United States Attorney, attorney; Ronald O. Brown, Assistant United States Attorney, on the brief).
Laurence B. Orloff argued the cause for respondent (Orloff, Lowenbach, Stifelman & Siegel, attorneys; Jeffrey M. Garrod and Marian B. Copeland, on the brief).
Before Judges MATTHEWS, MORGAN and MORTON I. GREENBERG.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.
Plaintiff brought this action on August 21, 1979. The complaint alleged that its former employees, defendants Alfano1 and Drain, had conspired with the other defendants to cause plaintiff to pay for wastepaper purportedly delivered to it by the corporate defendants when the paper was not in fact delivered or lesser amounts were delivered than the amounts for which plaintiff...
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