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CONKLIN v. AUTOMOTIVE CONVEYING OF N.J.

71 N.J. Super. 153 (1961)

176 A.2d 513

JOHN S. CONKLIN, APPELLANTS, v. AUTOMOTIVE CONVEYING OF N.J., RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1961.

Attorney(s) appearing for the Case

Mr. Wallace S. Bernstein argued the cause for the appellant (Mr. Melvin N. Fine, attorney).

Mr. Frank Fink argued the cause for the respondent (Mr. James J. Carroll, attorney).

Before Judges GAULKIN, KILKENNY and HERBERT.

PER CURIAM.

Petitioner Conklin was awarded workmen's compensation. The County Court reversed on the ground (stated in the opinion of Judge Gordon H. Brown) that there had been "an abandonment of the employer's business at the time of the accident."

Conklin appeals on the merits and upon the further ground that his motion, made in the County Court, to dismiss the appeal for failure to prosecute it diligently in accordance with R.R. 5:2-5, should have...

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