COLIE, J.S.C.
This proceeding in lieu of prerogative writs came before the court on plaintiff's motion for summary judgment in its favor and plaintiff's application for a restraint. In the course of the hearings, the first of which was had on December 1, 1958, and the second, at the request of the court, on December 8, 1958, it was agreed that the matter be considered by the court as though a motion had been made by the defendants for a judgment dismissing the complaint...
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