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FLEXMIR, INC., v. LINDEMAN & CO.

14 N.J. Super. 379 (1951)

82 A.2d 450

FLEXMIR, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. LINDEMAN & COMPANY, A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 1951.

Attorney(s) appearing for the Case

Mr. Morris M. Schnitzer argued the cause for appellant (Mr. Louis K. Press, attorney; Mr. Daniel G. Kasen, of counsel).

Mr. Raymond W. Troy argued the cause for respondent (Messrs. Lum, Fairlie & Foster, attorneys; Mr. Vincent P. Biunno, on the brief).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

The opinion of the court was delivered by JAYNE, J.A.D.

The respondent, Flexmir, Inc., utilized its premises designated as Nos. 20-28 Broome Street in the City of Newark in its business of metalizing plastics. To supply heat for the building it operated in the boiler room an Enterprise oil burner of the industrial type consuming fuel oil of grades Nos. 5 and 6 with the aid of a preheating unit. During a period of about two years preceding January 3, 1948, it purchased...

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