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MILETTA v. DOE

158 N.J. Super. 550 (1978)

386 A.2d 897

NAOMI MILETTA, EXECUTRIX OF THE ESTATE OF ANTHONY J. MILETTA, PLAINTIFF, v. JOHN DOE (A FICTITIOUS NAME), BRUNSWICK FABRICATORS, INC., RAYBESTOS MANHATTAN, INC., INDUSTRIAL SUPPLIES, BRIDGETON PLUMBING, HAJOCA CORP., JOHNS MANVILLE, ATLAS ASBESTOS COMPANY, AND NICOLET INDUSTRIES, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 7, 1978.

Attorney(s) appearing for the Case

Mr. Charles A. Little for plaintiff (Messrs. Bleakly, Stockwell & Zink, attorneys).

Mr. John N. Beidler for defendant Atlas Asbestos Co. (Messrs. Smith, Stratton, Wise and Heher, attorneys).

Mr. Barry A. Perlow for defendant Nicolet, Inc. (Messrs. Horuvitz, Perlow & Ritter, attorneys).

MILLER, J.C.C. (temporarily assigned).

This matter comes before the court on identical motions brought on behalf of defendants Atlas Asbestos Co. and Nicolet, Inc. They seek to vacate a previous order of this court whereby leave was granted to plaintiff to file a third amended complaint naming as direct defendants Atlas Asbestos and Nicolet. Alternatively, they seek to dismiss the third amended complaint as against them.

Plaintiff's decedent died on August...

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