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ANZALONE v. WESTECH GEAR CORP.

271 N.J. Super. 522 (1994)

638 A.2d 1365

JOHN ANZALONE, PLAINTIFF-APPELLANT, v. WESTECH GEAR CORPORATION, FORMERLY KNOWN AS OR AS SUCCESSOR TO WESTERN GEAR CORPORATION, DEFENDANT-RESPONDENT, AND "JOHN DOE" (A FICTITIOUS NAME); "JOHN SMITH" INSTALLATION COMPANY, (A FICTITIOUS NAME), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1994.

Attorney(s) appearing for the Case

Maurice H. Connelly argued the cause for appellant (Mr. Connelly, on the brief).

Thomas T. Chappell argued the cause for respondent (Robyn K. Johnson, on the brief).

Before Judges PETRELLA, CONLEY and VILLANUEVA.

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

Plaintiff John Anzalone appeals from a summary judgment order dismissing his complaint against defendant WesTech Gear Corporation (WesTech), formerly known as Western Gear Corporation. Anzalone asserts that the motion judge erroneously (1) applied the government contractor defense, and (2) determined that WesTech did not have either a contractually imposed or common law duty to install the ram tensioner...

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