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BROOKCHESTER COMMUNITY ASS'N, INC. v. BROOKCHESTER, INC.

43 N.J. Super. 35 (1956)

127 A.2d 576

BROOKCHESTER COMMUNITY ASSOCIATION, INCORPORATED, PLAINTIFF-APPELLANT, v. BROOKCHESTER, INC., SECTIONS 1 to 10, INCLUSIVE, EACH "SECTION" BEING A SEPARATE CORP. OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1956.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for the appellant.

Mr. Walter D. Van Riper argued the cause for the respondents (Messrs. Van Riper & Belmont, attorneys; Mr. Paul N. Belmont, of counsel).

Before Judges CLAPP, JAYNE and FRANCIS.

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

The plaintiffs instituted a rather novel injunction action in the Chancery Division. The complaint recites that between 1948 and 1950, the defendants, Brookchester, Inc., Sections 1 to 10 inclusive, each "Section" being a separate corporation, built a certain housing project in New Milford, New Jersey, pursuant to the provisions of Section 608 of the National Housing Act, 12 U.S.C.A.,

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