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CITY OF TRENTON v. FOWLER-THORNE CO.

57 N.J. Super. 196 (1959)

154 A.2d 369

CITY OF TRENTON, A MUNICIPAL CORPORATION, PLAINTIFF-CROSS-APPELLANT, v. FOWLER-THORNE COMPANY, A CORPORATION, AND SEABOARD SURETY COMPANY, A CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 10, 1959.

Attorney(s) appearing for the Case

Mr. Richard J. Casey argued the cause for defendants-appellants (Mr. Frank I. Casey, attorney).

Mr. Harvey L. Stern argued the cause for respondent, cross-appellant (Mr. Louis Josephson, attorney).

Before Judges CONFORD, FREUND and HANEMAN.

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

This matter comes before us on appeal and cross-appeal taken by leave of the Appellate Division from an order of the Superior Court denying defendants' motion to dismiss the action as barred by the statute of limitations. The parties have filed an agreed statement in lieu of record, and we consider the cause on the basis thereof, pursuant to R.R. 1:6-2.

The action was brought by the City of Trenton...

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