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O'BRIEN COGENERATION, INC. v. ASCOA

825 A.2d 524 (2003)

361 N.J. Super. 264

O'BRIEN (NEWARK) COGENERATION, INC., Plaintiff-Appellant/Cross-Respondent, v. AUTOMATIC SPRINKLER CORPORATION OF AMERICA, Defendant-Respondent/Cross-Appellant, and Hawker-Siddeley Power Engineering, Inc., Hawker-Siddeley Group, Public Limited Company (PLC), BTR, PLC f/k/a BTR Dunlop, PLC, As successor in interest to Hawker-Siddeley Power Engineering, Inc., and Hawker-Siddeley Group, PLC, Invensys Inc., As successor in interest to BTR, PLC, f/k/a BTR Dunlop, PLC, John Brown Power Limited, John Brown PLC, GEC Alsthom International, Inc., and/or GEC Alsthom Electro Mechanique, Kleber Industries, Belmont Constructors, Inc., and Agmen, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 2003.

Attorney(s) appearing for the Case

Michael J. Izzo, Jr., Westmont, argued the cause for appellant/cross-respondent (Cozen & O'Connor, attorneys; Mr. Izzo, Thomas McKay, III, Cherry Hill, and Lawrence F. Walker, Philadelphia, PA, on the brief).

Martin G. Picillo, West Orange, argued the cause for respondent/cross-appellant (Picillo & Caruso, attorneys; Mr. Picillo, on the brief).

Before Judges SKILLMAN, CUFF and LEFELT.

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

Plaintiff O'Brien (Newark) Cogeneration, Inc. was the owner of a cogeneration plant which caught fire in 1992 causing the death of three employees and significant property damage. Plaintiff appeals from an order dismissing its suit seeking recovery for the plant's repair costs, expedited labor costs, and lost profits from defendant Automatic Sprinkler Corporation of...

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