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Cook v. Morrison3/3/1992 f Court of Appeals bound by decisions of prior panels unless overturned by higher court). We note, however, that courts in other states have resolved this issue contrary to the position taken by this Court. See, e.g., Cassano v. Aschoff, 543 A.2d 973, 975 (N.J. Super. Ct. App. Div.), cert. denied, 550 A.2d 476 (N.J. 1988); Schlenk v. Northwestern Bell Tel. Co., 329 N.W.2d 605, 614 (N.D. 1983).
Accordingly, the trial court's order granting the defendant's motion for summary judgment is
Affirmed.
Judges JOHNSON and COZORT concur.
Disposition
Affirmed.
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