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MOORE v. FAIRVIEW MAUSOLEUM CO.

39 N.J. Super. 309 (1956)

120 A.2d 875

JAMES D. MOORE, SUBSTITUTED ADMINISTRATOR OF THE ESTATE OF HERMAN WALKER, DECEASED, ETC., ET ALS., PLAINTIFFS-APPELLANTS, v. FAIRVIEW MAUSOLEUM COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, ET ALS., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1956.

Attorney(s) appearing for the Case

Mr. John H. Jobes argued the cause for the plaintiffs-appellants.

Mr. George A. Brown argued the cause for the defendants-respondents (Messrs. Morrison, Lloyd & Griggs, attorneys; Mr. Francis V.D. Lloyd, of counsel).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The Fairview Cemetery Company was incorporated in 1901. By 1926 its control had passed to one Rutherford H. Walker, who was also in control of the Hudson Heights Realty Company. In 1926 the defendant herein, the Fairview Mausoleum Company, was incorporated for the purpose of acquiring from the Mausoleum Company of America, Inc., land contiguous to the Fairview...

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