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COSTELLO v. SCHMIDLIN

No. 17065.

404 F.2d 87 (1968)

Milton COSTELLO, Appellant, v. Emil A. SCHMIDLIN, Defendant and Third-Party Plaintiff, v. The TOWNSHIP OF MAPLEWOOD, a Municipal Corporation of the State of New Jersey, Third-Party Defendant.

United States Court of Appeals Third Circuit.

Decided November 1, 1968.

Attorney(s) appearing for the Case

Israel G. Seeger, Miller & Seeger, New York City, for appellant.

Peter N. Perretti, Jr., Riker, Danzig, Scherer & Brown, Newark, N. J., for defendant and third party plaintiff-appellee.

Alfred I. Manson, Jr., Newark, N. J., for third party defendant-appellee, on the brief.

Before HASTIE, Chief Judge, and KALODNER and STALEY, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

Is a professional engineer's claim for consulting engineering services, rendered in New Jersey, to a New Jersey licensed architect, pursuant to contract, unenforceable as a matter of law by reason of the fact that the claimant was not licensed by the State of New Jersey as a professional engineer under N.J.S.A. 45:8-27 et seq.?

The District Court, in the instant diversity action, first answered the question...

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