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WAGNER v. MACHETTO

7 N.J. Super. 547 (1950)

72 A.2d 425

FRANK W. WAGNER, JR., BY HIS GUARDIAN AD LITEM, FRANK W. WAGNER, SR., AND FRANK W. WAGNER, SR., AND ELIZABETH WAGNER, PLAINTIFFS, v. JOSEPH MACHETTO, D/B/A J. MACHETTO CONTRACTING CO., DEFENDANT.

Superior Court of New Jersey, Hudson County Court Law Division.

Decided March 15, 1950.

Attorney(s) appearing for the Case

Mr. Charles J. Tyne, attorney for plaintiffs.

Mr. George P. Moser, attorney for defendant.

PROCTOR, J.S.C.

At the pretrial conference it was stipulated that the plaintiffs, Frank W. Wagner, Sr., and Elizabeth Wagner, could move informally to strike the fourth separate defense to the second and third counts of the complaint. Counsel have filed their briefs and the motion is ripe for adjudication although no formal motion papers have been filed.

The complaint was filed on June 15, 1949. An examination...

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