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DANIEL B. FRAZIER CO. v. LONG BEACH TP., OCEAN COUNTY, N. J.

No. 5753.

77 F.2d 764 (1935)

DANIEL B. FRAZIER CO. v. LONG BEACH TP., OCEAN COUNTY, N. J., et al.

Circuit Court of Appeals, Third Circuit.

April 18, 1935.

Attorney(s) appearing for the Case

Joseph H. Carr, of Camden, N. J., for appellant.

Frederic L. Clark, of Philadelphia, Pa., Howard Ewart, of Toms River, N. J., and Shields, Clark, Brown & McCown, of Philadelphia, Pa., for appellees.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court for the district of New Jersey striking a bill of complaint. It affirmatively appears from the bill that the issues sought to be raised in the District Court had been decided adversely to the petitioner by the New Jersey Supreme Court, 161 A. 51, 10 N. J. Misc. 747, and the New Jersey Court of Errors and Appeals, 110 N. J. Law, 221, 164 A. 278. The respondents move to dismiss the appeal or, in the alternative...

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