MIDDLESEX CONCRETE, ETC., CORP. v. CARTERET BOR.


27 N.J. Super. 472 (1953)

99 A.2d 555

MIDDLESEX CONCRETE PRODUCTS AND EXCAVATING CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF, v. THE BOROUGH OF CARTERET IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION, AND LOUIS P. BOOZ, DEFENDANTS; UNITED STATES METALS REFINING COMPANY, A NEW JERSEY CORPORATION, FOSTER WHEELER CORPORATION, A NEW YORK CORPORATION, THE AMERICAN AGRICULTURAL CHEMICAL COMPANY, A DELAWARE CORPORATION, THE AMERICAN OIL COMPANY, A MARYLAND CORPORATION, GENERAL AMERICAN TRANSPORTATION CORP., A NEW YORK CORPORATION, GEO. D. EMERY CO., A MAINE CORPORATION, FOOD MACHINERY AND CHEMICAL CORPORATION, A DELAWARE CORPORATION, BENJAMIN MOORE & CO., A NEW JERSEY CORPORATION, VIRGINIA-CAROLINA CHEMICAL CORPORATION, A VIRGINIA CORPORATION, STEVE BABICS, STEVE BABICS, JR., FRANK AND JOSEPHINE CURCY, SIMON AND VELECIA DELI, EDWARD AND MARY HELLEY, JULIA AND AARON KOVACS, MARY KUBICKA, JULIUS AND HELEN POPOVICS, PAUL PROKOP, HARRY W. AND FLORENCE RAPP, FRANK TOTH, STEPHEN AND MARY FABIAN, FRANK S. AND MARY R. TOTH, GEORGE TRAVOSTINO AND GEORGE AND VERONA YUKASZ, APPLICANTS FOR INTERVENTION.

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

Decided October 1, 1953.


Attorney(s) appearing for the Case

Mr. Melvin J. Koestler for plaintiff (Messrs. Koestler & Koestler, attorneys).

Mr. John E. Toolan for defendant Borough of Carteret (Messrs. Toolan, Haney & Romond, attorneys).

Mr. David T. Wilentz for the defendant Louis P. Booz (Messrs. Wilentz, Goldman, Spitzer & Sills, attorneys).

Mr. Russell E. Watson for applicants for intervention (Messrs. R.E. & A.D. Watson, attorneys).


MORRIS, J.C.C.

This is a motion by the above applicants for leave to intervene as defendants in the within action in order to assert certain defenses. The motion is made under R.R. 4:37-1, R.R. 4:37-3, R.R. 4:37-4 and N.J.S.A. 2A:15-19. The corporate applicants are the owners of manufacturing plants situated in the Borough of Carteret, Middlesex County, and the aggregate assessment of the corporate applicants equals 56.26% of the...

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