WOODWARD-CLYDE v. CHEM. & P. SCIENCES


105 N.J. 464 (1987)

WOODWARD-CLYDE CONSULTANTS, PLAINTIFF-APPELLANT, v. CHEMICAL AND POLLUTION SCIENCES, INC., A CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 9, 1987.


Attorney(s) appearing for the Case

Terence P. Corcoran argued the cause for appellant (Corcoran and Higgins, attorneys).

Lee W. Shelly argued the cause for respondent (Foley, Shelly & Niemann, attorneys).


The opinion of the Court was delivered by POLLOCK, Justice.

This appeal requires us to decide whether a dismissal of a counterclaim for failure to comply with a discovery order was with or without prejudice and whether the dismissal violates the entire controversy doctrine. The Law Division's order recited that the counterclaim is "dismissed for failure to comply" with an earlier order directing the defendant to make discovery. In an unreported decision, the Appellate...

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