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BACON v. MILLER

113 N.J. Super. 271 (1971)

273 A.2d 602

ISAAC BACON AND HEDVIG BACON, HIS WIFE, AND HEDVIG BACON AND ISAAC BACON, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. ALLEN LEE MILLER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1971.

Attorney(s) appearing for the Case

Mr. Joseph D. O'Neil argued the cause for appellant (Messrs. Shapiro, Brotman, Eisenstat & Capizola, attorneys).

Mr. Burchard V. Martin argued the cause for respondents (Messrs. Taylor, Bischoff, Williams & Martin, attorneys; Mr. G. Paul Crawshaw, on the brief).

Before Judges SULLIVAN, COLLESTER and LABRECQUE.

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

Although defendant Allen Lee Miller is the named appellant, in actuality the Unsatisfied Claim and Judgment Fund Board (the Board) appeals from an order denying defendant's motion to vacate an order directing payment of judgments in favor of plaintiffs and against Miller out of the Unsatisfied Claim and Judgment Fund (the Fund).

The facts are not in substantial dispute. On August 29, 1966 a vehicle...

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