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HOLMBERG v. ATEN

68 N.J. Super. 73 (1961)

171 A.2d 667

CATHERINE HOLMBERG, PLAINTIFF-APPELLANT, v. JOHN ATEN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1961.

Attorney(s) appearing for the Case

Mr. Hugh C. Spernow argued the cause for plaintiff-appellant (Messrs. Spernow & Geaney, attorneys).

Mr. Frederick J. Wortmann argued the cause for defendant-respondent (Messrs. Braff, Litvak & Ertag, attorneys; Mr. Wortmann, of counsel and on the brief).

Mr. Theodore I. Botter, Assistant Attorney General, filed a statement in lieu of brief (Mr. David D. Furman, Attorney General, attorney).

Before Judges CONFORD, FREUND and KILKENNY.

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

Plaintiff Catherine Holmberg appeals from a final order of the Law Division, Passaic County, denying her application for payment from the Unsatisfied Claim and Judgment Fund on the ground that mandatory deductions for insurance benefits received had exceeded the amount of her negligence judgment. The main issues herein are whether these benefits were properly deductible under the operative statutes, N.J.S...

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