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FOTOPAK CORP. v. MERLIN, INC.

34 N.J. Super. 343 (1955)

112 A.2d 578

FOTOPAK CORPORATION, A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MERLIN, INC., A CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT, AND HACKENSACK WATER COMPANY, A CORPORATION OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1955.

Attorney(s) appearing for the Case

Mr. Theodore Rabinowitz argued the cause for appellant Merlin, Inc. (Mr. Maximilian Morrof, attorney).

Mr. Jacob Schneider argued the cause for respondents (Messrs. Schneider and Schneider, attorneys for respondent Fotopak Corporation; Mr. Samuel William Zerman, attorney for respondent Hackensack Water Company).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The single question to be resolved on this appeal is whether the trial court abused its discretion and violated R.R. 1:28-1 by continuing the hearing and concluding the cause at about 1 A.M. on the second day of the trial. The parties stipulated this to be the only issue when the Appellate Division entered an order on January 6, 1955 denying respondents' motion to dismiss the appeal. At that time...

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