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WEST BANK OIL, INC. v. HARTFORD ACC. AND INDEM. CO.

A-5190-83T2.

205 N.J. Super. 56 (1985)

500 A.2d 32

WEST BANK OIL, INC., PLAINTIFF-APPELLANT, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, DEFENDANT-THIRD PARTY PLAINTIFF-RESPONDENT, v. ROBERT R. PERNA AND MARJORIE PERNA, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 1985.

Attorney(s) appearing for the Case

Backes, Waldron & Hill, attorneys for appellant (Brenda F. Engel, of counsel and on the brief).

Williams, Caliri, Miller & Otley, attorneys for respondent (Daniel Kinburn and David Golub, of counsel and on the brief).

Before Judges KING, SIMPSON and SCALERA.

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

This case involves $418,665 in claims under a performance bond issued on public paving contracts. The claimant, West Bank Oil, Inc. was a supplier of liquid asphalt to Cumberland Asphalt Company (Cumberland) which in turn sold its finished product to the paving contractor, Perna Excavating. West Bank's claim that it sold liquid asphalt to a contractor or subcontractor covered under the New Jersey Public Works...

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