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PENBROOK HAULING CO. v. SOVEREIGN CONST. CO.

136 N.J. Super. 395 (1975)

346 A.2d 433

PENBROOK HAULING CO., INC. PLAINTIFF-APPELLANT, v. SOVEREIGN CONSTRUCTION CO., LTD., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 3, 1975.

Attorney(s) appearing for the Case

Mr. Richard E. Brennan argued the cause for the appellant (Messrs. Shanley & Fisher, attorneys).

Mr. Spencer N. Miller argued the cause for the respondent (Messrs. Krivit, Miller & Galdieri, attorneys).

Before Judges FRITZ, SEIDMAN and MILMED.

PER CURIAM.

The judgment under review is affirmed substantially for the reasons expressed by Judge Gelman in his opinion of March 19, 1974, 128 N.J.Super. 179 (Law Div. 1974).

Additionally, we note that the trial judge properly ruled that plaintiff was not entitled to the jury trial which it demanded in its complaint. After the parties had placed their stipulations...

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