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BEARS v. WALLACE

112 N.J. Super. 210 (1970)

270 A.2d 731

DENNIS BEARS, AN INFANT, BY HIS GUARDIAN AD LITEM JANE RUFF, AND JANE RUFF, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. PAUL WALLACE AND FRANCES WALLACE, DEFENDANTS, AND UNSATISFIED CLAIM AND JUDGMENT FUND BOARD, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1970.

Attorney(s) appearing for the Case

Mr. Robert C. Garofalo argued the cause for appellants (Messrs. Ryan, Foster & Garofalo, attorneys).

Mr. Cornelius W. Caruso argued the cause for respondent (Messrs. Caruso & Caruso, attorneys; Mr. Stanley R. Bright, on the brief).

Before Judges GOLDMANN, LEONARD and MOUNTAIN.

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

Plaintiffs appeal from the denial of their application for an order directing payment by the Unsatisfied Claim and Judgment Fund of judgments recovered against defendant Frances Wallace, the trial judge finding that they were obtained by fraud and collusion between the parties.

Dennis Bears, an infant, and Vincent Gugliotta were passengers in an automobile owned by Paul Wallace and allegedly operated...

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