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DRAKE v. TOWN OF BOONTON

106 N.J. Super. 79 (1969)

254 A.2d 151

ROBERT DRAKE AND DOROTHY E. DRAKE, HIS WIFE, PLAINTIFFS, v. TOWN OF BOONTON, DEFENDANT-THIRD-PARTY PLAINTIFF, v. CATHERINE D. PHELAN, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 9, 1969.

Attorney(s) appearing for the Case

Mr. James M. Kenihan, for plaintiffs (Messrs. Fullerton, Kenihan & Porfido, attorneys).

Mr. Robert E. Yadlon for defendant-third-party plaintiff (Messrs. Maraziti & Maraziti, attorneys).

Mr. John H. Crammond, for third-party defendant (Messrs. McDonald, Podesta & Meyers, attorneys).

GASCOYNE, J.C.C. (temporarily assigned).

This matter comes on before the court by way of a complaint in lieu of prerogative writs to compel defendant municipality to supply plaintiffs with water. There appears to be little or no factual dispute. The parties have stipulated the following facts:

(1) Plaintiffs are the owners of Lots 12, 13 and 14 as they appear on the tax map of the town of Boonton. These lots front on Green Street.

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