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KVAERNER PROCESS v. BARHAM-McBRIDE

845 A.2d 692 (2004)

368 N.J. Super. 190

KVAERNER PROCESS, INC., a division of Kvaerner US, Inc., Plaintiff-Respondent, v. BARHAM-McBRIDE JOINT VENTURE, The Barham McBride-Company, Incorporated, formerly known as The Frank A. McBride Company, Inc., and Thomas H. Barham Company, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided April 6, 2004.

Attorney(s) appearing for the Case

Marc D. Haefner, Roseland, argued the cause for appellants (Connell Foley, attorneys; Michael X. McBride and Tricia B. O'Reilly, of counsel; Ms. O'Reilly and Mr. Haefner, on the brief).

Robert A. Drucker, River Edge, argued the cause for respondent (Peckar & Abramson, attorneys; Mr. Drucker and Andrew D. Ceitlin, on the brief).

Before Judges KESTIN, AXELRAD and LARIO.

The opinion of the court was delivered by

KESTIN, P.J.A.D.

Defendants appeal from a trial court order granting the discharge of a construction lien claim and awarding attorneys' fees and costs to plaintiff. We vacate the order and remand for further proceedings.

The action commenced with plaintiff's order to show cause and complaint filed on January 14, 2003. Defendants, sub-contractors on the Tosco Bayway Refinery Polypropylene Plant Project (the...

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