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MUSCHETTE v. THE GATEWAY INSURANCE CO.

76 N.J. 560 (1978)

388 A.2d 964

MILTON J. MUSCHETTE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF ROSE LEE MUSCHETTE, DECEASED, PLAINTIFF-RESPONDENT, v. THE GATEWAY INSURANCE CO., AN INSURANCE COMPANY DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 5, 1978.

Attorney(s) appearing for the Case

Mr. Robert A. Vort argued the cause for defendant-appellant.

Mr. Gerald M. Eisenstat argued the cause for plaintiff-respondent (Messrs. Shapiro, Eisenstat, Capizola, O'Neill & Gabage, attorneys; Mr. Mitchell S. Berman, on the brief).

PER CURIAM.

The Appellate Division affirmed a judgment of the Superior Court, Law Division, awarding plaintiff certain "survivor benefits" pursuant to section N.J.S.A. 39:6A-10 of the Automobile Reparation Reform ("no fault") Act, N.J.S.A. 39:6A-1 et seq., together with 10% interest, but without counsel fee. We granted certification on defendant's petition challenging the substantive determination of the Appellate Division and the allowance of...

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