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FERRANTE EQUIPMENT CO. v. FOLEY MACHINERY CO.

49 N.J. 432 (1967)

231 A.2d 208

FERRANTE EQUIPMENT COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. FOLEY MACHINERY CO., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 5, 1967.

Attorney(s) appearing for the Case

Mr. Peter W. Mitchell argued the cause for plaintiff-appellant (Messrs. Stern, Mitchell & Belson, attorneys; Mr. Mitchell, on the brief).

Mr. Sidney Krieger argued the cause for defendant-respondent.

The opinion of the court was delivered by SCHETTINO, J.

The issue in this case is which of two lien holders has priority in a bulldozer.

The machine involved is self-propelled by a diesel engine. It does not have rubber tires but operates on two treads attached to the machine. It is an "off-the-road" piece of equipment used for general excavation and land clearance.

Ultimately, this decision rests upon whether this machine is a "motor vehicle" within...

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