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MONTEFUSCO EXCAVAT. & CONTRACT. CO. v. MIDDLESEX CTY.

169 N.J. Super. 109 (1979)

404 A.2d 337

MONTEFUSCO EXCAVATING & CONTRACTING CO., INC., PLAINTIFF-APPELLANT, v. COUNTY OF MIDDLESEX, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1979.

Attorney(s) appearing for the Case

Mr. Bartholomew G. Babiak argued the cause for appellant (Messrs. Braun & Braun, attorneys; Mr. Philip Braun on the brief).

Mr. John H. Schmidt, Jr., argued the cause for respondent United States Fidelity and Guaranty Company (Messrs. Lindabury, McCormick & Estabrook, attorneys).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by PRESSLER, J.A.D.

The question before us is whether the exercise of the right of subrogation by a surety on a public works contract who has been called upon to pay mechanics' and materialmen's claims against the contractor-principal is subject to the fee claim of the attorney for the contractor-principal whose legal efforts produced the subrogatable fund.

In 1974 plaintiff Montefusco Excavating & Contracting Co...

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