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CLEARWATER ASSOCS., INC. v. F.H. BRIDGE & SON

144 N.J. Super. 223 (1976)

365 A.2d 200

CLEARWATER ASSOCIATES, INC., A NEW JERSEY CORPORATION, ET AL., PLAINTIFFS-APPELLANTS, v. F.H. BRIDGE & SON, CONTRACTORS, FRANK H. BRIDGE AND ASTRID C. BRIDGE, INDIVIDUALLY AND REPUBLIC INSURANCE COMPANY, ETC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1976.

Attorney(s) appearing for the Case

Mr. Robert S. Moraff argued the cause for appellants (Messrs. Marcus, Rosen, Breslow, Levy, Jaffe & Fiorello, attorneys).

Mr. Louis Aueracher, Jr. argued the cause for respondent Republic Insurance Company.

Before Judges BISCHOFF, MORGAN and COLLESTER.

PER CURIAM.

Plaintiffs Borough of Butler (borough) and Clearwater Associates (Clearwater) appeal from a judgment of involuntary dismissal entered at the conclusion of plaintiffs' case. The underlying suit was brought to enforce the obligation of the defendant surety, Republic Insurance Company, on a performance bond.

Clearwater's predecessor in title, F.H. Bridge & Son, sought to develop residential property within the borough and secured the necessary...

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