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Williamsport Planing Mill Co. v. Board of Education

Decided: April 20, 1944.

WILLIAMSPORT PLANING MILL CO., A CORPORATION IN LIQUIDATION, RELATOR-RESPONDENT,
v.
BOARD OF EDUCATION OF THE CITY OF PATERSON, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, A MUNICIPAL CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT



On appeal from the Supreme Court, whose opinion is reported in 131 N.J.L. 33.

For the relator-respondent, Kristeller & Zucker (Saul J. Zucker).

For the defendant-appellant, Joseph Coult and Harold D. Green.

PER CURIAM.

The conclusions reached by the Supreme Court are sound and the judgment should be affirmed. We think that the Board of Education, which was not a party to Williamsport

Planing Mill Co. v. Maryland Casualty Co., 129 N.J.L. 333, was not estopped by the last mentioned decision in the Supreme Court from arguing for a final acceptance but that the issue was nevertheless meritoriously decided adversely to the contention.

The judgment appealed from is affirmed.

For affirmance -- THE CHANCELLOR, PARKER, CASE, DONGES, PORTER, DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, DILL, JJ. 11.

For reversal -- HEHER, ...


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