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STATE v. SOUTH AMBOY TRUST CO.

46 N.J. Super. 497 (1957)

135 A.2d 38

STATE OF NEW JERSEY, PLAINTIFF, v. SOUTH AMBOY TRUST COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

As Amended September 13 and October 3, 1957.

Attorney(s) appearing for the Case

Mr. Grover C. Richman, Jr., Attorney-General of New Jersey (Mr. Christian Bollermann, Deputy Attorney-General, appearing), attorney for the State.

Messrs. Toolan, Haney & Romond (Mr. John E. Toolan, appearing), attorney for the defendant.

HUGHES, J.S.C.

In this action of the State of New Jersey against the South Amboy Trust Company, the plaintiff has brought on a motion for summary judgment on two counts of its complaint. It suggests that under R.R. 4:58-3 the record of the pleadings, discovery proofs and affidavits palpably negates the existence of a genuine issue as to any material fact challenged, entitling the movant to judgment as a matter of law. The prerequisites for the granting of such...

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