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FIDELITY UNION TRUST COMPANY v. PHILLIPS

4 N.J. 28 (1950)

71 A.2d 352

FIDELITY UNION TRUST COMPANY, AS TRUSTEE, ETC., PLAINTIFF-APPELLANT, v. ARTHUR PHILLIPS, JR., ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 14, 1950.

Attorney(s) appearing for the Case

Mr. Theodore McC. Marsh argued the cause for the appellant (Messrs. Riker, Emery & Danzig, attorneys).

Mr. Herbert H. Hannoch argued the cause for the respondent (Messrs. Hannoch & Lasser and Messrs. Bilder, Bilder & Kaufman, attorneys).

PER CURIAM.

The judgment under review is affirmed for the reasons expressed in the opinion of Judge Freund in the Court below, reported at 5 N.J.Super. 529.

For affirmance — Chief Justice VANDERBILT, and Justices CASE, HEHER, OLIPHANT, BURLING and ACKERSON — 6.

For reversal...

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