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MAYOR AND COUNCIL v. KLOCKNER & KLOCKNER

Civ. A. No. 91-4842.

811 F.Supp. 1039 (1993)

MAYOR AND COUNCIL OF the BOROUGH OF ROCKAWAY, a municipal corporation of the State of New Jersey, Plaintiff, v. KLOCKNER & KLOCKNER, a partnership, Multi-Form Metals, Inc., Masden Industries, Inc., Thiokol Corporation, Inc., Roned Realty Company, XYZ, Inc., ABC Co., and John Doe, Defendants. KLOCKNER & KLOCKNER, Third Party Plaintiff, v. E. Carl FABEND, individually, and Joseph A. Mauriello, individually, Third Party Defendants.

United States District Court, D. New Jersey.

January 26, 1993.

Attorney(s) appearing for the Case

Archer & Greiner, Edward C. Laird, Christopher R. Gibson, Haddonfield, NJ, for Thiokol Corp., Inc.

Riker, Danzig, Scherer, Hyland & Perretti, Dennis J. Krumholz, Morristown, NJ, for Klockner & Klockner.

Goldshore, Wolf & Lewis, Lewis Goldshore, Robert J. Cash, Lawrenceville, NJ, for Mayor and Council of Borough of Rockaway.

Maraziti Falcon & Gregory, Diane Alexander, Morristown, NJ, for Masden Industries, Inc. and Multi-Form Metals, Inc.

OPINION

HAROLD A. ACKERMAN, District Judge:

This matter comes before the court on the motions of defendant Thiokol Corporation ("Thiokol") to dismiss in part the Complaint of plaintiff Mayor and Council of the Borough of Rockaway ("Rockaway"), and to dismiss in part the Cross-claim of defendant Klockner & Klockner ("Klockner") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted...

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