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MIDDLESEX CONCRETE, ETC., CORP. v. BOROUGH OF CARTERET

28 N.J. 208 (1958)

145 A.2d 786

MIDDLESEX CONCRETE PRODUCTS AND EXCAVATING CORPORATION, A NEW JERSEY CORPORATION, JOHN ABATEMARCO, HELEN LEIMPETER, AND JOHN F. LEIMPETER, PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF CARTERET IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION, AND ALEXANDER COMBA, TREASURER OF SAID BOROUGH OF CARTERET, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 17, 1958.

Attorney(s) appearing for the Case

Mr. Melvin J. Koestler argued the cause for plaintiffs-appellants (Messrs. Koestler & Koestler, attorneys; Mr. Melvin J. Koestler, of counsel).

Mr. Roland A. Winter argued the cause for defendants-respondents (Messrs. Jacobson & Winter, attorneys; Mr. Lewis S. Jacobson, of counsel).

The opinion of the court was delivered by WEINTRAUB, C.J.

Plaintiffs alleged unlawful diversions of moneys raised by bond issue for a capital improvement and sought a judgment for the restoration of the fund and a restraint against further illegal inroads upon it. On cross-motions for summary judgment, judgment was entered for defendants, with, however, an injunction against any payments out of the fund for a period of six months or until the further order of the...

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