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CARDINALE TRUCKING CORP. v. MOTOR-RAIL CO.

56 N.J. Super. 150 (1959)

152 A.2d 153

CARDINALE TRUCKING CORP., A CORPORATION, PLAINTIFF-RESPONDENT, v. MOTOR-RAIL CO., A CORPORATION AND DANIEL W. DURKIN, ETC. DEFENDANTS-APPELLANTS, AND WHITE'S EXPRESS & TRANSFER CO., INC,. ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1959.

Attorney(s) appearing for the Case

Mr. Herman B.J. Weckstein argued the cause for appellants.

Mr. Vincent A. Vitello argued the cause for respondent (Mr. Samuel Dreskin, attorney).

Before Judges GOLDMANN, CONFORD and HANEMAN.

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

Defendants Motor-Rail Co. and Daniel W. Durkin, its president and stockholder, appeal from an order of the Superior Court, Chancery Division, restoring to the trial calendar an action previously instituted by plaintiff Cardinale Trucking Corp. which that court had dismissed. The order was entered March 6, 1959. Defendants filed their notice of appeal March...

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