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BYRD v. ONTARIO FREIGHT LINES CORP.

39 N.J. Super. 275 (1956)

120 A.2d 787

LONNIE BYRD, PLAINTIFF-RESPONDENT, v. ONTARIO FREIGHT LINES CORP., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1956.

Attorney(s) appearing for the Case

Mr. Joseph C. Paul argued the cause for appellant (Mr. Henry M. Grosman, attorney).

Mr. Robert C. Gruhin argued the cause for respondent (Mr. Morris Edelstein and Mr. Emanuel Greenberg, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

At the threshold of our consideration of this appeal, we are confronted with the issue of the appealability, as of right, of the interlocutory order submitted for review. That order denied the defendant's motion to dismiss the complaint for the failure of the plaintiff to cause a summons to issue within ten days after filing the complaint. R.R. 4:4-1 and R.R. 4:42-2(a).

Appellant...

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