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WIND v. SMITH

164 N.J. Super. 110 (1978)

395 A.2d 887

JULIUS C. WIND, A/K/A ROBERT BROWN, PLAINTIFF, v. JAMES C. SMITH, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 1978.

Attorney(s) appearing for the Case

Messrs. Shapiro, Eisenstat, Capizola, O'Neill & Gabage, attorneys for appellant Unsatisfied Claim and Judgment Fund (Mr. Mitchell S. Berman on the brief).

Camden Regional Legal Services, Inc., attorneys for defendant James C. Smith (Ms. Patricia DeCarlo, Managing Attorney, on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for intervenor-appellant John A. Waddington, Director of the Division of Motor Vehicles (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Robert M. Jaworski, Deputy Attorney General, on the brief).

No brief was filed on behalf of plaintiff.

Before Judges MATTHEWS, KOLE and MILMED.

PER CURIAM.

The Unsatisfied Claim and Judgment Fund (Fund) appeals from an order of the trial court, entered subsequent to final judgment. That order (1) denied the Fund's motion for modification of the judgment to provide for defendant's repayment of the amount thereof ($10,000) with, rather than without, interest, and (2) granted defendant's motion for restoration of his driving privilege and directed restoration thereof by the Division of Motor Vehicles upon proof...

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