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BAND'S REFUSE REMOVAL, INC. v. FAIR LAWN BOR.

64 N.J. Super. 1 (1960)

165 A.2d 216

BAND'S REFUSE REMOVAL, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOROUGH OF FAIR LAWN, BERGEN COUNTY, NEW JERSEY, A MUNICIPALITY OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS, AND FRANK CAPASSO AND GERALD F. CAPASSO, TRADING, ETC., INTERVENORS-DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 7, 1960.

Attorney(s) appearing for the Case

Mr. Walter H. Jones, special counsel for defendants-respondents, argued the petition for rehearing (Mr. Morris Dobrin, attorney for Borough of Fair Lawn).

Mr. Samuel A. Larner argued the motion to vacate the ex parte order and in opposition to the petition for rehearing (Messrs. Budd, Larner & Kent, attorneys for intervenors-defendants-appellants).

Before Judges GOLDMANN, FREUND and HANEMAN.

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

The appeal of defendants Capasso in the above matter resulted in a determination by this court reversing the Law Division judgment and remanding the matter for a full trial to determine the validity of the scavenger contract between the borough and the Capassos. Band's Refuse Removal, Inc. v. Fair Lawn, 62 N.J.Super. 522.

On December 29, 1958, after...

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