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TEXAS CO. v. DiGAETANO

39 N.J. 120 (1963)

187 A.2d 721

THE TEXAS COMPANY, A DELAWARE CORPORATION, PLAINTIFF-APPELLANT, v. MARCO DiGAETANO, T/A MARCO'S SERVICE STATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 21, 1963.

Attorney(s) appearing for the Case

Mr. Milton Handler, of the New York Bar, argued the cause for the appellant (Messrs. Katzenbach, Gildea & Rudner, by Mr. Samuel Rudner, attorneys; Mr. Amzy B. Steed, of the New York Bar, of counsel).

Mr. Walter J. Bilder argued the cause for the respondent (Messrs. Bilder, Bilder & Freeman, attorneys).

The opinion of the court was delivered by JACOBS, J.

The Appellate Division set aside the Chancery Division's refusal to vacate a 1958 default judgment against the defendant and remanded the cause for further proceedings. 71 N.J.Super. 413 (1962). We granted certification on the plaintiff's application. 37 N.J. 225 (1962).

In 1956 The Texas Company adopted a resale price-fixing program...

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