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TOMNEY v. EBELING

105 N.J. Super. 66 (1969)

251 A.2d 144

BARBARA ANN TOMNEY AND CHARLES J. TOMNEY, PLAINTIFFS-APPELLANTS, v. FRANCES EBELING, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1969.

Attorney(s) appearing for the Case

Mr. James J. Rea, Jr. argued the cause for appellants (Messrs. McLaughlin and Butler, attorneys).

Mr. Floyd F. Lombardi argued the cause for respondent (Messrs. De Sevo & Cerutti, attorneys; Mr. Patrick F.X. Fitzpatrick, on the brief).

Before Judges GOLDMANN, KOLOVSKY and CARTON.

PER CURIAM.

Plaintiffs appeal from a judgment of involuntary dismissal entered on defendant's motion at the close of plaintiffs' case.

Plaintiffs contend that the evidence offered by them and the favorable inferences legitimately to be drawn therefrom, whose truth must be assumed for the purpose of the motion, Melone v. Jersey Central Power & Light Co., 18 N.J. 163...

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