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MIDDLESEX, EXCAVATING CORP. v. BOR. OF CARTERET

36 N.J. Super. 400 (1955)

116 A.2d 200

MIDDLESEX CONCRETE PRODUCTS AND EXCAVATING CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE BOROUGH OF CARTERET IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, AND LOUIS P. BOOZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 1955.

Attorney(s) appearing for the Case

Mr. Melvin J. Koestler argued the cause for plaintiff-respondent (Messrs. Koestler & Koestler, attorneys).

Mr. Russell E. Watson argued the cause for defendant-appellant, Borough of Carteret (Messrs. Edward L. Webster, Jr. and C. John Stroumtsos, of counsel).

Mr. Elias A. Kanter argued the cause for defendant-respondent, Louis P. Booz (Messrs. Wilentz, Goldman, Spitzer and Sills, attorneys; Mr. David T. Wilentz, of counsel).

Before Judges CLAPP, JAYNE and FRANCIS.

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

We have before us here two questions, upon which we — as stated in our earlier opinion in this case, 35 N.J.Super. 226, 239 (1955) — called for further argument.

The defendant, Borough of Carteret, as is more fully set forth in that opinion, had asked leave of the trial court to amend its answer...

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