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MAYFLOWER INDUSTRIES v. THOR CORP.

17 N.J. Super. 505 (1952)

86 A.2d 293

MAYFLOWER INDUSTRIES, A NEW JERSEY CORPORATION, PLAINTIFF, v. THOR CORPORATION, AN ILLINOIS CORPORATION, AND TELDISCO, INC., A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 25, 1952.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp for the plaintiff (Messrs. Ruback, Albach & Weisman, attorneys).

Mr. Thomas J. Brogan for the defendant Thor Corporation.

Messrs. Kapelsohn. Lerner, Leuchter & Reitman, attorneys for the defendant Teldisco, Inc.

FREUND, J.S.C.

The issue for consideration is this: Should an order dismissing plaintiff's complaint with prejudice be vacated under Rule 3:60-2 because of counsel's mistake of law? The answer depends upon the determination of (1) the effect of the dismissal of the complaint with prejudice, and (2) whether counsel's mistake of law is the kind of mistake contemplated by the rule.

The facts of this litigation...

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