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GELLENTHIN v. J. & D., INC.

71 N.J. Super. 226 (1961)

176 A.2d 515

PAUL GELLENTHIN, PLAINTIFF-APPELLANT, v. J. & D., INC., A CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1961.

Attorney(s) appearing for the Case

Mr. Lewis M. Holland argued the cause for appellant (Messrs. Warren, Chasan & Leyner, attorneys).

Mr. Leon S. Wolk argued the cause for respondent (Messrs. Basile, Delchop & Wolk, attorneys).

Before Judges GAULKIN, KILKENNY and HERBERT.

The opinion of the court was delivered by HERBERT, J.S.C. (temporarily assigned).

This case has been tried twice. The first trial resulted in a dismissal at the end of the evidence for the plaintiff. On appeal there was a reversal, Gellenthin v. J. & D., Inc., 62 N.J.Super. 224 (App. Div. 1960), and a new trial followed. The outcome of the second trial was a jury verdict in favor of the defendant and the...

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