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CHEATHAM v. UNSATISFIED CLAIM & JUDG. BD.

178 N.J. Super. 437 (1981)

429 A.2d 407

JACK L. CHEATHAM, PLAINTIFF-APPELLANT, v. UNSATISFIED CLAIM AND JUDGMENT FUND BOARD AND ROBERT W. HOOD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1981.

Attorney(s) appearing for the Case

William C. Todd, III, argued the cause for appellant (Tort, Jacobs, Gross, Rosenberger & Todd, attorneys; Alan M. Lands on the brief).

John Aleli argued the cause for respondents (Steedle, Megargee, Youngblood, Franklin & Corcoran, attorneys).

Before Judges MICHELS, KOLE and ARD.

The opinion of the court was delivered by ARD, J.A.D.

Plaintiff instituted a declaratory judgment action against the Unsatisfied Claim and Judgment Fund Board (Fund) and the uninsured defendant Hood seeking PIP benefits from the Fund under N.J.S.A. 39:6-86.1. The critical issue on appeal is whether the vehicle owned and operated by Hood is an automobile which would be subject to and qualify under the Fund law and thereby afford plaintiff the benefits sought...

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