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ABEL HOLDING CO. v. AMERICAN DIST. TELEGRAPH CO.

138 N.J. Super. 137 (1975)

350 A.2d 292

ABEL HOLDING CO., INC., PLAINTIFF, v. AMERICAN DISTRICT TELEGRAPH COMPANY AND THE NEW JERSEY BELL TELEPHONE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 10, 1975.

Attorney(s) appearing for the Case

Mr. Franklin M. Sachs for plaintiff (Messrs. Podvey & Sachs, attorneys).

Mr. Burtis W. Horner for defendant American District Telegraph Company (Messrs. Stryker, Tams & Dill, attorneys).

Mr. Lewis B. April for defendant New Jersey Bell Telephone Company (Messrs. Cooper, Perskie, Neustadter & Katzman, attorneys).

HORN, A.J.S.C.

Various pretrial motions in the above action are before me for determination. They include motions for summary judgment as well as dismissal of the complaint. The precise nature and the grounds for the motions are recounted with respect to each.

The events leading to this litigation are related as follows. Plaintiff Abel Holding Co. (Abel), until recently the owner of the Steel Pier in Atlantic City, commenced this

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