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M.A. STEPHEN CONSTRUCTION CO. v. BOR. OF RUMSON

117 N.J. Super. 431 (1971)

285 A.2d 55

M.A. STEPHEN CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND SARK KAVOOKJIAN, PLAINTIFFS-APPELLANTS, v. BOROUGH OF RUMSON, A MUNICIPAL CORPORATION OF THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1971.

Attorney(s) appearing for the Case

Mr. Frank A. Palmieri argued the cause for appellants.

Mr. William R. Blair, Jr. argued the cause for respondent (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Before Judges LEWIS, KOLOVSKY and HALPERN.

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

Plaintiffs M.A. Stephen Construction Co., Inc. (Stephen Co.) and Sark Kavookjian, a borough taxpayer, appeal from a summary judgment of the Law Division entered on January 5, 1971 in favor of defendant Borough of Rumson (Rumson or municipality) which dismissed their complaint in lieu of prerogative writs and vacated the restraints imposed by a consent order of this court on December 14, 1970.

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