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SHELL OIL CO. v. TRAILER AND TRUCK REPAIR CO., INC.

Civ. A. No. 85-1743.

638 F.Supp. 1105 (1986)

SHELL OIL COMPANY, Plaintiff, v. TRAILER AND TRUCK REPAIR CO., INC., and the Howard Savings Bank, Defendants, and HERB C. ENTERPRISES, INC., Defendant/Third Party Plaintiff, v. Joseph C. WOODCOCK, Jr., Third Party Defendant.

United States District Court, D. New Jersey.

July 9, 1986.

Attorney(s) appearing for the Case

Harber & Freesman by Jacob Freesman, Fort Lee, N.J., for defendant Trailer & Truck Repair Co., Inc.

Crummy, Del Deo, Dolan, Griffinger & Vecchione by Michael Quinn, Newark, N.J., for defendant Howard Savings Bank.

Lum, Hoens, Abeles, Conant & Danzis by Dennis J. Drasco, Newark, N.J., for defendant/third party plaintiff Herb C. Enterprises, Inc.

Tompkins, McGuire & Wachenfeld by David C. Scalera, Newark, N.J., for third party defendant Joseph C. Woodcock, Jr.

Mattson, Madden & Polito by Francis T. Giuliano, Newark, N.J., for plaintiff.

Meyner & Landis (Theodore I. Botter, of counsel), Newark, N.J., for defendant Trailer and Truck Repair Co., Inc.

OPINION

STERN, District Judge.

This matter is before the Court on motions for summary judgment by plaintiff Shell Oil Company, by defendant Trailer & Truck Repair Co., Inc. ("T & TR"), and by defendant Herb C. Enterprises, Inc. ("Herb C."). The case is here under the Court's diversity jurisdiction; New Jersey law applies.

In 1970, Shell Oil signed a lease for a property at a busy corner in Secaucus...

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