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TOWNSHIP OF W. MILFORD TP. BD. OF ED. v. ROCKWELL MFG. CO.

173 N.J. Super. 506 (1980)

414 A.2d 613

BOARD OF EDUCATION OF THE TOWNSHIP OF WEST MILFORD, PLAINTIFF, v. ROCKWELL MANUFACTURING COMPANY (POWER TOOL DIV.), DEFENDANT.

Superior Court of New Jersey, Law Division — Passaic County.

Decided March 12, 1980.

Attorney(s) appearing for the Case

Edward C. McHugh for plaintiff (Robert F. Colquhoun, attorney).

Robert C. Pollock, Jr. for defendant.

JOELSON, A.J.S.C.

This is a motion to dismiss a complaint. The facts are not in dispute. It appears that an identical complaint was dismissed for failure to answer interrogatories on March 27, 1979 pursuant to R. 4:23-5(a). Thereafter, on December 21, 1979 plaintiff filed a new complaint within the statute of limitations, which was the same as the complaint which had previously been dismissed.

Defendant...

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