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CARTEL CAPITAL CORP. v. FIRECO OF NEW JERSEY

81 N.J. 548 (1980)

410 A.2d 674

CARTEL CAPITAL CORPORATION ET AL., PLAINTIFFS, v. FIRECO OF NEW JERSEY, DEFENDANT-APPELLANT, AND ANSUL, INC., DEFENDANT-RESPONDENT. COUNTRY BURGER OF RAMSEY, INC., PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. FIRECO OF NEW JERSEY, DEFENDANT-APPELLANT, AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 23, 1980.

Attorney(s) appearing for the Case

Mr. Leonard J. Tafro, argued the cause for appellant (Messrs. Adams, Adubato, Tafro & Connelly, attorneys).

Mr. Raymond J. Fleming argued the cause for cross-appellant (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Mr. Victor C. Harwood, III argued the cause for respondent (Messrs. Harwood, Lloyd, Ryan, Coyle & Wulster, attorneys).

The opinion of the court was delivered by SCHREIBER, J.

Plaintiff, Country Burger of Ramsey, Inc. (Country Burger), sued Fireco of New Jersey (Fireco), the retailer, installer and servicer of plaintiff's fire extinguishing equipment, and Ansul, Inc. (Ansul), manufacturer of that equipment, for property damage caused by a fire during which the equipment allegedly failed to operate.1 Plaintiff's cause of action against Ansul was based upon...

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