DIST. 65, R.W.D.S.U. v. PARAMOUNT SURG. SUP. CO.


117 N.J. Super. 125 (1971)

283 A.2d 766

DISTRICT 65, R.W.D.S.U., PLAINTIFF-APPELLANT, v. PARAMOUNT SURGICAL SUPPLY CO., PARAMOUNT SURGICAL SUPPLY CORP., AND PARAMOUNT SURGICAL SUPPLY CORP., A DIVISION OF ZENITH LABORATORIES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1971.


Attorney(s) appearing for the Case

Mr. Nicholas Politan argued the cause for appellant (Messrs. Krieger, Chodash & Politan, attorneys; Mr. Lewis C. Stanley, on the brief).

Mr. David R. Simon argued the cause for respondent Paramount Surgical Supply Corp. (Messrs. Simon & Allen, attorneys; Mr. Richard B. Goldsmith, on the brief).

Before Judges CONFORD, MATTHEWS and FRITZ.


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

The issues in this appeal have been considerably simplified by appellant's warranted concession at oral argument that it is not entitled to judgment on the arbitrators' award. With conspicuous fairness, it concedes that respondents may have been misled by their interpretation of the opinion in John Wiley & Sons, Inc. v. Livingston,

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