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SEABOARD SUR. CO. v. BD. OF CHOSEN FREEHOLDERS

222 N.J. Super. 409 (1988)

537 A.2d 310

SEABOARD SURETY COMPANY AND FEDERAL INSURANCE COMPANY, PLAINTIFFS-RESPONDENTS, v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF WARREN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1988.

Attorney(s) appearing for the Case

James A. Scarpone argued the cause for appellant (Scarpone & Edelson, attorneys; David E. Shaver, on the brief).

Robert W. McCann argued the cause for respondent Seaboard Surety Company (Klotz & McCann, attorneys; Richard J. Allen, Jr., on the brief).

Roger P. Sauer argued the cause for respondent Federal Insurance Company (Lum, Hoens, Abeles, Conant & Danzis, attorneys; Roger P. Sauer, of counsel; Dennis B. O'Brien, on the brief).

Before Judges PRESSLER, BILDER and SKILLMAN.

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

This controversy arises out of contracts entered into by defendant County of Warren with a group of eight prime contractors for the construction of a new county correctional facility. A consolidated arbitration proceeding is presently pending to which the County and all prime contractors are named parties. During the pendency of the arbitration proceeding but before the holding of any hearings, two of the...

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