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F.M. WEAVER, INC. v. DUNES HOTEL & CASINO, ETC.

183 N.J. Super. 454 (1982)

444 A.2d 588

F.M. WEAVER, INC., A PENNSYLVANIA CORPORATION, PLAINTIFF-RESPONDENT, v. THE DUNES HOTEL AND CASINO OF ATLANTIC CITY, INC., AND THE DUNES HOTEL AND CASINO, INC., DEFENDANTS-APPELLANTS, AND DFS CONSTRUCTION COMPANY OF AMERICA, INC.; BETHLEHEM STEEL CORPORATION; LABOV WALLACE; PROGRESS CAPITAL INC.; JOSEPH FABI, INC.; MIDSTATE PRECAST SYSTEM, INC.; FRANKI FOUNDATION COMPANY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1982.

Attorney(s) appearing for the Case

Horn, Kaplan, Goldberg & Gorny, for appellants, filed a brief on their behalf but did not argue the cause (Thomas C. Bonner, of counsel and on the brief).

Edward A. Zunz, Jr. argued the cause for respondent (Riker, Danzig, Scherer & Hyland, attorneys; Mark A. Baber on the brief).

Before Judges BOTTER, ANTELL and FURMAN.

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

Defendants Dunes Hotel & Casino of Atlantic City, Inc. and Dunes Hotels & Casinos, Inc. (hereinafter "Dunes"), appeal from an order for summary judgment dated July 17, 1981 on a mechanics' lien claim in the amount of $1,789,127.13. Plaintiff is a structural steel subcontractor for a casino/hotel construction project. It holds a lien claim under a mechanics...

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