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GAINES v. MONROE CALCULATING MACH. CO., INC.

78 N.J. Super. 168 (1963)

188 A.2d 179

DRUMMOND F. GAINES, PLAINTIFF-APPELLANT, v. MONROE CALCULATING MACHINE COMPANY, INC., ETC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 1963.

Attorney(s) appearing for the Case

Mr. Bernard Hellring argued the cause for appellant (Messrs. Hellring, Lindeman & Lieberman, attorneys; Mr. Philip L. Chapman, on the brief).

Mr. Everett M. Scherer argued the cause for defendants (Messrs. Riker, Danzig, Marsh & Scherer, attorneys).

Before Judges CONFORD, GAULKIN and KILKENNY.

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

The Chancery Division granted defendants' motion for summary judgment dismissing the first three counts of plaintiff's four-count complaint, and "dismissing those allegations contained in paragraph 1 of the Fourth Count which incorporate by reference the allegations of the First, Second and Third Counts." Plaintiff appeals. We pass the question whether the judgment...

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