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KELLAM ASSOCIATES, INC. v. ANGEL PROJECTS, LLC

814 A.2d 642 (2003)

357 N.J.Super 132

KELLAM ASSOCIATES, INC., Plaintiff-Appellant, v. ANGEL PROJECTS, LLC, and Intrawest, d/a/b/ Mountain Creek, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 2003.

Attorney(s) appearing for the Case

Cuyler Burk, for appellant (Edgar M. Whiting, of counsel and on the brief).

Cole, Schotz, Meisel, Forman & Leonard, Hackensack, for respondent Intrawest d/b/a Mountain Creek (Edward S. Kiel, of counsel and on the brief).

Respondent Angel Projects, LLC, did not file a brief.

Before Judges KING, WECKER and LISA.

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

Plaintiff, Kellam Associates, Inc., appeals from an order denying its motion for attorneys' fees and costs, which was based upon a provision in the contract upon which this litigation was brought. The trial judge concluded Kellam is not entitled to fees and costs because the subject of the litigation is not within the purview of the contractual provision, and, further...

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