MERCK & CO., INC. v. BIORGANIC LABORATORIES, INC.


82 N.J. Super. 86 (1964)

196 A.2d 688

MERCK & CO., INC., PLAINTIFF-RESPONDENT, v. BIORGANIC LABORATORIES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, NATHAN SHARFF AND SEYMOUR SALB, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1964.


Attorney(s) appearing for the Case

Mr. Charles Rodgers argued the cause for appellant, Biorganic Laboratories, Inc. (Messrs. Breslin & Breslin, attorneys; Mr. John J. Breslin, Jr., of counsel).

Messrs. Van Riper & Belmont, attorneys for appellants, Nathan Sharff and Seymour Salb, filed Statement in lieu of brief.

Mr. Frederick B. Lacey argued the cause for respondent (Messrs. Shanley & Fisher, attorneys; Messrs. Frederick B. Lacey, Frank L. Bate and Arthur R. Schmauder, on the brief).

Before Judges CONFORD, FREUND and SULLIVAN.


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

Defendants, pursuant to leave granted by this court, appeal from an interlocutory order of the trial court striking the answer of all the defendants herein and entering a default as to all defendants.

Plaintiff is a New Jersey corporation engaged in the business of developing, producing and selling chemical and pharmaceutical products. Defendant Biorganic...

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