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BARCON ASSOCS., INC. v. TRI-COUNTY ASPHALT CORP.

160 N.J. Super. 559 (1978)

390 A.2d 684

BARCON ASSOCIATES, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. TRI-COUNTY ASPHALT CORPORATION, A NEW JERSEY CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 26, 1978.

Attorney(s) appearing for the Case

Mr. J. William Barba for plaintiff (Messrs. Shanley & Fisher, attorneys).

Mr. Irwin I. Kimmelman for defendant (Messrs. Kimmelman, Wolff & Samson, attorneys).

STANTON, J.C.C. (temporarily assigned).

This is a summary action to confirm an arbitration award. N.J.S.A. 2A:24-7; R. 4:67. By way of counterclaim defendant seeks to have the award vacated because of the "evident partiality" of one of the arbitrators. N.J.S.A. 2A:24-8(b). Because of certain factual issues raised by the pleadings and moving papers, limited discovery has been allowed by special order of the court, and live proofs have been presented...

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