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SCHLANGER v. FEDERAL INS. CO.

44 N.J. 17 (1965)

206 A.2d 874

NATHAN SCHLANGER, PHILIP SCHLANGER AND MOE SCHLANGER, PARTNERS TRADING AS CONCRETE BLOCK COMPANY OF IRVINGTON, PLAINTIFFS-APPELLANTS, v. FEDERAL INSURANCE COMPANY, A CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 22, 1965.

Attorney(s) appearing for the Case

Mr. Sidney Krieger argued the cause for appellants (Mr. Sidney Krieger, attorney, and of counsel).

Mr. William H. Osborne, Jr. argued the cause for respondent (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Harold J. Wallum, Jr., on the brief).

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

Plaintiff filed suit as a third-party beneficiary under a surety bond, and appealed to the Appellate Division after defendant's motion for summary judgment was granted. Before argument there, this Court granted certification on plaintiff's motion. R.R. 1:10-1A(a).

On June 15, 1960 Muhlenberg Hospital (Muhlenberg) entered into a written contract with Walter Kidde Constructors, Inc. (Kidde), under...

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