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McLAUGHLIN v. BASSING, ET AL.

100 N.J. Super. 67 (1967)

241 A.2d 237

THOMAS G. MC LAUGHLIN AND ALETA MC LAUGHLIN, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. WILLIAM BASSING, OLIVER A. FINAN, INC., A CORPORATION, M. & O. CORPORATION, A CORPORATION, AND TRANSAMERICAN FREIGHT LINES, INC., A CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1967.

Attorney(s) appearing for the Case

Mr. James P. Beggans argued the cause for defendants-appellants (Messrs. Beggans and Keale, attorneys, Geoffrey Gaulkin, of counsel).

Mr. Lewis M. Holland argued the cause for plaintiffs-respondents (Messrs. Warren, Chasan, Leyner & Holland, attorneys).

Before Judges SULLIVAN, FOLEY and LEONARD.

PER CURIAM.

This appeal is by leave of court from an order denying defendants' motion to dismiss plaintiffs' action because of the untimely issuance of the summons and the failure to prosecute the action.

Plaintiff Thomas G. McLaughlin was hit by defendants' tractor-trailer on February 1, 1960. The complaint was filed by his then attorney (not the attorneys prosecuting this appeal) on January 30, 1962. The summons was not issued until October 5, 1965.

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