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ELSIE GILDAY, PLAINTIFF-RESPONDENT, v. LUCILLE L. HAUCHWIT, DEFENDANT, ANDALFRED G. HAUCHWIT, DEFENDANT-RESPONDENT, AND PETER CARLO,DEFENDANT-APPELLANT, AND THE BOARD OF COMMISSIONERS, ETC., DEFENDANT.

PER CURIAM.

The judgment as to the defendant Carlo is reversed for the reasons expressed in the dissenting opinion of Judge Gaulkin and the matter is remanded to the Passaic County Court with directions to enter judgment in favor of said defendant.

For reversal — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, HALL, SCHETTINO and HANEMAN — 6.

For affirmance — None.

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GILDAY v. HAUCHWIT
(Feb 20, 1967)