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AMELCO WINDOW CORP. v. FED. INS. CO.

127 N.J. Super. 342 (1974)

317 A.2d 398

THE AMELCO WINDOW CORP., A CORPORATION, PLAINTIFF-APPELLANT, v. FEDERAL INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1974.

Attorney(s) appearing for the Case

Messrs. Heller and Laiks, attorneys for appellant (Mr. Richard K. Rosenberg, of counsel and on the brief).

Mr. Louis Auerbacher, Jr., attorney for respondent.

Before Judges CARTON, SEIDMAN and DEMOS.

The opinion of the court was delivered by DEMOS, J.S.C., Temporarily Assigned.

Plaintiff The Amelco Window Corp. (Amelco) instituted an action against Federal Insurance Company (Federal) to recover, as a third-party beneficiary, on a surety bond provided by Federal for a construction project. In its answer Federal denied plaintiff was within the class of persons who were entitled to protection under the bond, asserting that it had only agreed to indemnify the owner...

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