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FINDERNE MGMT. CO. v. BARRETT

No. A-1057-05T5

955 A.2d 940 (2008)

402 N.J. Super. 546

FINDERNE MANAGEMENT COMPANY, INC., Rocque Dameo and Daniel Dameo, Plaintiffs-Appellants/Cross-Respondents, v. James W. BARRETT, Gerard T. Papetti and U.S. Financial Services Corporation, Defendants-Respondents/Cross-Appellants, and CIGNA Financial Advisors, Inc., Lincoln National Life Insurance Company, Ronn Redfearn, Steven G. Shapiro, Tri-Core, Inc., Monumental Life Insurance Company, and Inter-American Insurance Company of Illinois, Beaven Companies, Inc., CJA Associates, Inc. and Raymond J. Ankner, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided September 9, 2008.

Attorney(s) appearing for the Case

Steven J. Fram, Haddonfield, argued the cause for appellants/cross-respondents (Archer & Greiner, P.C., attorneys; Mr. Fram, of counsel; John C. Connell and Tara S. Parvey, on the brief).

Christopher P. Leise, Cherry Hill, argued the cause for respondent/cross-appellant James W. Barrett (White & Williams, L.L.P., attorneys; Mr. Leise, of counsel; Edward M. Koch, Philadelphia, PA, on the brief).

Bruce S. Edington, Newark, argued the cause for respondents/cross-appellants Gerard T. Papetti and U.S. Financial Services Corporation (Seiden Wayne, L.L.C., attorneys; Mr. Edington, of counsel; Benjamin C. Curcio, on the brief).

Richard Hertzberg, Woodbridge, argued the cause for respondents Beaven Companies, Inc., CJA Associates, Inc. and Raymond Ankner (Greenbaum, Rowe, Smith & Davis, L.L.P., attorneys; Mr. Hertzberg, of counsel; David T. Shivas, on the brief).

Before Judges CUFF, LISA and LIHOTZ.

The opinion of the court was delivered by

LIHOTZ, J.A.D.

Plaintiffs Finderne Management Company, Inc. (FMC), Rocque Dameo and Daniel Dameo seek recovery of losses alleged to result from false and misleading representations by defendants James W. Barrett, Gerard T. Papetti and Papetti's company, U.S. Financial Services Corporation, (defendants or Barrett and Papetti). Defendants induced plaintiffs to establish what they represented was a "tax qualified," "419...

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