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FAHMIE v. NYMAN

70 N.J. Super. 313 (1961)

175 A.2d 438

WADIE M. FAHMIE, PLAINTIFF-RESPONDENT, v. HARRY NYMAN AND GLADYS NYMAN AND FRANK LUPO, TRADING AS LUPO'S FOOD MARKET, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 1961.

Attorney(s) appearing for the Case

Mr. Frederick J. Fox argued the cause for appellants (Messrs. Timney, Fox and Blaney, attorneys; Mr. Leslie W. Gallt, on the brief).

Mr. Anson Rauschberg argued the cause for respondent (Messrs. Liebman & Rauschberg, attorneys).

Before Judges GOLDMANN, FOLEY and KILKENNY.

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

Plaintiff brought a replevin action in the Law Division for possession of a number of items of equipment used in the operation of a retail butcher business. The trial court determined that certain of the articles were personalty, and gave judgment for plaintiff thereon. Others were found to be fixtures, title to which passed with the realty. As to these, judgment was entered in favor of the defendants. Defendants...

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