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Finlay & Associates Inc. v. Borg-Warner Corp.

New Jersey Superior Court, Appellate Division


Decided: January 11, 1978.

FINLAY & ASSOCIATES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT,
v.
BORG-WARNER CORPORATION, A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, AND TEK-BEARING CO., INC., DEFENDANTS-RESPONDENTS

Allcorn, Morgan and Horn.

Per Curiam

[155 NJSuper Page 332]

Following the presentation of plaintiff's case the trial judge dismissed the complaint for the asserted wrongful termination of a distributorship agreement between plaintiff and defendant Borg-Warner on the grounds that the proofs did not establish (1) a violation of the Franchise Practices Act (N.J.S.A. 56:10-1 et seq.); (2) a violation of the New Jersey Antitrust Act (N.J.S.A. 56:9-1 et seq.); or (3) malicious interference with contractual relations or malicious interference with a prospective economic advantage. Plaintiff, in its brief, has specifically limited this appeal to that portion of the determination of the trial judge dismissing plaintiff's claim predicated upon violation of the New Jersey Antitrust Act.

Such portion of the judgment of the Law Division is affirmed substantially for the reasons expressed by Judge Petrella in his opinion, reported at 146 N.J. Super. 210 (1976).

19780111


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