CAROLINA CAS. INS. CO. v. BELFORD TRUCKING CO.


121 N.J. Super. 583 (1972)

298 A.2d 288

CAROLINA CASUALTY INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. BELFORD TRUCKING COMPANY, INC., A CORPORATION, DEFENDANT-APPELLANT, AND JAMES T. NEIGHBORS AND JAMES G. MITCHELL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1972.


Attorney(s) appearing for the Case

Mr. Ernest F. Picknally argued the cause for appellant Belford Trucking Company, Inc. (Messrs. Schuenemann & Picknally, attorneys).

Mr. David M. Mayfield argued the cause for respondent Carolina Casualty Insurance Company (Messrs. Martin and Crawshaw, attorneys).

Messrs. Kisselman, Deighan, Montano, King & Summers, attorneys for defendants James T. Neighbors and James G. Mitchell, filed a statement in lieu of brief.

Before Judges COLLESTER, LEONARD and HALPERN.


PER CURIAM.

For the reasons expressed by Judge Wick in his opinion reported at 116 N.J.Super. 39 (Ch. Div. 1971), we affirm his judgment denying Belford's motion to set aside service of process and to dismiss plaintiff's declaratory judgment suit.

We are left with the sole issue as to whether plaintiff Carolina Casualty Insurance Company, or defendant Belford Trucking Company, Inc., should be required to pay for the...

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