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PHELPS DODGE COPPER PRODUCTS CORP. v. ASCOLESE

4 N.J. Super. 197 (1949)

66 A.2d 633

PHELPS DODGE COPPER PRODUCTS CORPORATION, A CORPORATION, PLAINTIFF-RESPONDENT, v. JOSEPH ASCOLESE, JOSEPH ASCOLESE, JR., ALPHONSE ASCOLESE AND DOMINICK ASCOLESE, A LIMITED PARTNERSHIP TRADING UNDER THE FIRM NAME AND STYLE OF JACKSON METAL COMPANY, LTD., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 1949.

Attorney(s) appearing for the Case

Mr. Stephen Mongiello argued the cause for the defendants-appellants.

Mr. Alfred I. Manson, Jr. (Messrs. Pitney, Hardin & Ward, attorneys; Mr. William H. Osborne, Jr., on the brief) argued the cause for the plaintiff-respondent.

Before Judges McGEEHAN, DONGES and COLIE.

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

A summary judgment was entered in the Superior Court, Law Division, Hudson County, on March 21, 1949, which struck the defendants' answer and counterclaim and awarded judgment to the plaintiff upon its complaint and upon defendants' counterclaim. The defendants appeal.

A replevin action was instituted by plaintiff to recover possession of certain copper...

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