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GOETASKI v. CALIFORNIA PACKING CORP.

19 N.J. Super. 460 (1952)

88 A.2d 685

JAMES C. GOETASKI, A MINOR BY HIS FATHER AND GUARDIAN AD LITEM, WALTER GOETASKI AND WALTER GOETASKI, IN HIS OWN RIGHT, PLAINTIFFS, v. CALIFORNIA PACKING CORPORATION, A CORPORATION OF THE STATE OF NEW YORK, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided April 24, 1952.

Attorney(s) appearing for the Case

Messrs. Carroll, Taylor and Bischoff (Mr. William G. Bischoff appearing), for the motion.

Mr. Horace G. Brown (Mr. Henry C. Wille appearing), contra.

WOODS, A.J.S.C.

This matter comes before us on a motion for an order striking the complaint in the above entitled cause on the following grounds:

1. The complaint does not state a claim upon which relief can be granted.

2. The plaintiffs' sole right of action is under and pursuant to the terms of the Workmen's Compensation Act.

3. Plaintiffs are estopped from maintaining this action.

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