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COOPER v. PHILADELPHIA DAIRY PRODUCTS CO.

34 N.J. Super. 301 (1955)

112 A.2d 308

EDITH COOPER AND SAMUEL COOPER, PLAINTIFFS, v. PHILADELPHIA DAIRY PRODUCTS CO., INC., A CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. BETHMAR REALTY CO., A CORPORATION OF THE STATE OF NEW JERSEY, AND CHARLES W. AND LOUISA HENDERSON, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 1, 1955.

Attorney(s) appearing for the Case

Mr. Daniel DeBrier, attorney for the third-party defendant (Mr. Herbert H. Gorson of counsel).

Messrs. Lloyd and Horn (Mr. Herbert Horn appearing), attorneys for the defendant and third-party plaintiff.

LEONARD, J.C.C. (temporarily assigned).

This is a motion by a third-party defendant to strike a third-party complaint filed against it and for the entry of a summary judgment of dismissal thereon.

The admitted facts are as follows:

The original plaintiffs, Edith and Samuel Cooper (hereinafter referred to as plaintiffs) instituted a suit in the Superior Court, Law Division, against Philadelphia Dairy Products Co., Inc., a corporation (hereinafter referred...

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