
    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.
    Argued February 2, 1944
    Decided April 20, 1944.
    For the relator-respondent. Kristeller & Zucker (Saul J. Zucker).
    
    For the defendant-appellant, Joseph Coult and Harold J). Green.
    
   Per Curiam.

The conclusions reached by the Supremo 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 Casuatty 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, Raeeertv, Hague, Thompson. Dill, JJ. 11.

For reversal — Hetlee, Pbrskie, J,T. 2.  