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CHANDLESS v. BORG

28 N.J. Super. 137 (1953)

100 A.2d 364

RALPH W. CHANDLESS, PLAINTIFF, v. JOHN BORG, DONALD G. BORG, ROSSMAN H. WYNKOOP AND BERGEN EVENING RECORD, A CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 22, 1953.

Attorney(s) appearing for the Case

Mr. George F. Losche, attorney for plaintiff.

Mr. Harry Green, attorney for defendants John Borg, Donald G. Borg and Rossman H. Wynkoop.

Messrs. Winne & Banta (Mr. Horace F. Banta), attorneys for defendant Bergen Evening Record.

WILLIAM A. SMITH, J.S.C. (specially assigned).

In this case I have previously decided a motion on the part of the defendants for dismissal and summary judgment; an opinion was filed by me and permission given to the plaintiff, Chandless, to file an amended complaint, which has been done; and now a motion has been made and submitted to me, wherein the defendants move to dismiss under Rule 4:12-2(e), but as matters outside the pleadings are presented,...

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