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COUNTY OF ESSEX v. FIRST UNION BANK

862 A.2d 1168 (2004)

373 N.J. Super. 543

COUNTY OF ESSEX, Plaintiff-Appellant/Respondent, v. FIRST UNION NATIONAL BANK, Successor in Interest to First Fidelity Securities Group, Defendant-Respondent/Cross-Appellant, and George L. Tuttle, Jr., Defendant-Respondent, and Joseph Galluzzi and Lorraine Galluzzi, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 2004.

Attorney(s) appearing for the Case

Patrick T. Collins, Livingston, argued the cause for appellant/respondent County of Essex (Franzblau Dratch, attorneys; Stephen N. Dratch, of counsel; Mr. Collins, on the brief).

Dennis T. Kearney, Florham Park, argued the cause for respondent/ appellant, First Union National Bank (Pitney, Hardin, Kipp & Szuch, attorneys; Lisa Martinez Wolmart, Steven A. Muhlstock, and Mr. Kearney, on the brief).

Ilissa B. Churgin, Spring Valley, NY, argued the cause for respondent George L. Tuttle, Jr. (Kurtzman, Matera, Gurock, Scuderi & Karben, attorneys; Howard M. Gurock, of counsel; Ms. Churgin, on the brief).

Before Judges COBURN, S.L. REISNER and GRAVES.

The opinion of the court was delivered by

COBURN, J.A.D.

In the late 1980's the Essex County Treasurer accepted bribes from a vice-president of First Fidelity Bank, which was part of First Fidelity Securities Group. The bribes were paid in return for the Treasurer's assistance in having Essex County's governing body name the bank as underwriter on three bond offerings totaling over $178 million. The first offering occurred in 1987 for $25 million and the other...

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