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PEOPLE EXPRESS AIRLINES, INC. v. CONSOL. RAIL CORP.

194 N.J. Super. 349 (1984)

476 A.2d 1256

PEOPLE EXPRESS AIRLINES, INC., PLAINTIFF-APPELLANT, v. CONSOLIDATED RAIL CORPORATION, BASF WYANDOTTE COMPANY AND UNION TANK CAR COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1984.

Attorney(s) appearing for the Case

Raymond P. D'Uva argued the cause for plaintiff-appellant (Rodino, Forman & D'Uva, attorneys; Raymond P. D'Uva of counsel and on the brief and Mary Ann Dubiel on the brief).

Louis Ruprecht argued the cause for defendant-respondent Consolidated Rail Corporation (McDermott, McGee & Ruprecht, attorneys; Louis Ruprecht on the brief).

John C. Heavey argued the cause for defendant-respondent Union Tank Car Company (Carpenter, Bennett & Morrissey, attorneys; John C. Heavey of counsel and Thomas M. Moore, on the brief).

Lorraine M. Armenti argued the cause for defendant-respondent BASF Wyandotte Company (Tompkins, McGuire & Wachenfeld, attorneys; Dennis M. Cavanaugh of counsel and Lorraine M. Armenti on the brief).

Before Judges ANTELL, JOELSON and McELROY.

The Opinion of the Court was Delivered by, ANTELL, P.J.A.D.

Plaintiff takes this interlocutory appeal, by leave granted February 22, 1984, from an order for summary judgment in favor of defendants. The factual context is drawn from the allegations of the complaint and pre-trial order which we consider most favorably to the plaintiff. Ruvolo v. American Cas. Co., 39 N.J. 490, 499 (1963). No affidavits, certifications or any other...

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