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PAGANO v. KRISPY KERNALS, INC.

10 N.J. Super. 588 (1950)

77 A.2d 511

ANTHONY PAGANO, PLAINTIFF, v. KRISPY KERNALS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 9, 1950.

Attorney(s) appearing for the Case

Mr. Charles Bressler, attorney for the plaintiff.

Messrs. Markley & Broadhurst, attorneys for the defendant.

PROCTOR, J.S.C.

Defendant moves for an involuntary dismissal pursuant to Rule 3:41-2, for failure of the plaintiff to cause a summons to issue within five days after filing the complaint, and for failure of the plaintiff to prosecute the action for six months after filing the complaint.

From the affidavits submitted it appears that the suit was brought in two counts, one in warranty and the second in negligence, wherein the plaintiff alleges that on...

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