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PEDUTO v. CITY OF NORTH WILDWOOD

Civ. A. No. 87-2914(SSB).

696 F.Supp. 1004 (1988)

John M. PEDUTO and El-Ro, Inc., Plaintiffs, v. CITY OF NORTH WILDWOOD, Defendant/Third Party Plaintiff, v. VAN NOTE-HARVEY ASSOCIATES, P.C., Third-Party Defendant.

United States District Court, D. New Jersey.

October 7, 1988.

Attorney(s) appearing for the Case

Kenney & Kearney, Cherry Hill, N.J., for plaintiffs.

Savio, Reynolds & Drake by Steve Drake, Absecon, N.J., for defendant/third party plaintiff City of North Wildwood.

Cooper, Perskie, April, Niedelman, Wagenheim & Weiss, Atlantic City, N.J., for third-party defendant Van Note-Harvey Associates, P.C.

OPINION

BROTMAN, District Judge:

Presently before the court is the motion of defendant City of North Wildwood ("North Wildwood" or "the City") to dismiss plaintiffs' complaint on res judicata grounds or, in the alternative, for summary judgment on the merits. For the reasons stated in this opinion, the court will dismiss the complaint on res judicata grounds.

I. FACTS AND PROCEDURE

In August 1985 North Wildwood imposed a sewer moratorium...

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