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HOCHBERG v. FREEHOLD RACING ASS'N

40 N.J. Super. 273 (1956)

123 A.2d 55

ARTHUR HOCHBERG, HANNAH HOCHBERG, FRANK A. WITBECK, ALICE M. WITBECK, SIDNEY W. REID, MARY B. REID AND ANNA S. COLE, PLAINTIFFS-APPELLANTS, v. FREEHOLD RACING ASSOCIATION, A BODY CORPORATE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1956.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for plaintiffs-appellants (Messrs. Durand, Ivins & Carton, attorneys).

Mr. John J. Clancy argued the cause for defendant-respondent (Messrs. Clancy and Hayden, attorneys; Mr. Joseph A. Hayden, of counsel and on the brief).

Before Judges CLAPP, JAYNE and FRANCIS.

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

This is an appeal from an order of the Superior Court, Chancery Division, dismissing the complaint herein for failure to prosecute the action. R.R. 1:30-3.

Plaintiffs herein, and others, instituted an action in the Superior Court, Law Division, against the defendant to set aside a variance granted to the defendant by the Board of Adjustment of the Borough of Freehold. See the opinion of this...

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