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AUGELLI v. ROLANS CREDIT CLOTHING STORE

33 N.J. Super. 146 (1954)

109 A.2d 439

PAT AUGELLI, PETITIONER-APPELLANT, v. ROLANS CREDIT CLOTHING STORE, RESPONDENT-APPELLEE.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1954.

Attorney(s) appearing for the Case

Mr. Louis C. Jacobson argued the cause for the appellant.

Mr. A. Millard Taylor argued the cause for the appellee (Messrs. Carroll, Taylor & Bischoff, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Petitioner suffered injuries during the course of his daily work through an assault and battery. Both the Division of Workmen's Compensation and the County Court denied compensation.

At the outset of our study of the matter, we note that the dismissal of the action, which occurred at the close of the petitioner's case, was grounded in a determination that as a matter of law the claim was not actionable...

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