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ASSOCIATED METALS, ETC., CORP. v. DIXON CHEMICAL

82 N.J. Super. 281 (1963)

197 A.2d 569

ASSOCIATED METALS & MINERALS CORP., A NEW YORK CORPORATION, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. DIXON CHEMICAL & RESEARCH, INC., A NEW JERSEY CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT, AND CROSS-RESPONDENT, v. GLENS FALLS INSURANCE COMPANY, A NEW YORK CORPORATION, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Supplemental Memoranda November 20, 29, 1962 and January 10, 1963.

Decided July 24, 1963.

Rehearing Granted September 10, 1963.

Opinion Amended February 19, 1964.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser argued the cause for defendant-appellant and cross-respondent and third-party plaintiff-appellant (Messrs. Shaw, Pindar, McElroy, Connell & Foley, attorneys).

Mr. Charles Danzig argued the cause for plaintiff-respondent and cross-appellant (Messrs. Riker, Danzig, Marsh & Scherer, attorneys).

Mr. Samuel A. Larner argued the cause for third-party defendant-respondent (Messrs. Budd, Larner & Kent, attorneys; Mr. Larner and Mr. John J. Budd, of counsel).

Before Judges GOLDMANN, FREUND and FOLEY.

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

Defendant Dixon Chemical & Research Inc. (Dixon) appeals from the whole of a Chancery Division judgment awarding plaintiff Associated Metals and Minerals Corporation (Associated) $300,347.58 in damages, and finding no cause of action as to Dixon's third-party suit against the Glens Falls Insurance Company (Glens Falls) to recover on an insurance policy providing coverage for property damage caused by...

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