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WALSH, ET AL. v. MADISON PARK PROPERTIES, LTD.

102 N.J. Super. 134 (1968)

245 A.2d 512

FRANCIS WALSH AND FRANK BERNAT, PLAINTIFFS-APPELLANTS, v. MADISON PARK PROPERTIES, LTD., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 1968.

Attorney(s) appearing for the Case

Mr. Howard L. Ballen argued the cause for appellants (Messrs. Goldstein & Ballen, attorneys; Mr. Paul O'Rourke, of counsel and on the brief).

Mr. Mark D. Larner argued the cause for respondent (Messrs. Budd, Larner, Kent & Gross, attorneys; Mr. Larner on the brief).

Before Judges CONFORD, COLLESTER and LABRECQUE.

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

Plaintiffs Francis Walsh and Frank Bernat appeal from a judgment in favor of defendant following granting of defendant's motion for involuntary dismissal at the close of their case.

The case was tried before the court and a jury. From the proofs as they existed at the close of plaintiffs' case, the jury could have found that plaintiffs were members of the Fire Department of the City of Passaic and...

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