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NEW JERSEY SUBURBAN W. CO. v. BOARD OF PUBLIC U. COM'RS

No. 5854.

23 F.Supp. 752 (1938)

NEW JERSEY SUBURBAN WATER CO. v. BOARD OF PUBLIC UTILITY COM'RS et al.

District Court, D. New Jersey.

June 20, 1938.

Attorney(s) appearing for the Case

McCarter & English, of Newark, N. J. (George W. C. McCarter, of Newark, N. J., of counsel), for plaintiff.

John A. Bernhard, of Newark, N.J. (Frank H. Sommer, of Newark, N.J., of counsel), for Board of Public Utility Com'rs.

Michael J. Bruder, of Newark N. J. (Anthony P. Kearns, of Newark, N.J., of counsel), for Town of Harrison.

Lum, Tamblyn & Fairlie, of Newark, N. J., for East Newark Realty Co.

Before BIGGS, Circuit Judge, and FAKE and AVIS, District Judges.

FAKE, District Judge.

The issue which is dispositive of this case arises on a motion to dismiss the complaint.

The complaint, among other things, discloses that the plaintiff is a public service corporation, engaged in selling water to the defendant municipal corporation, and in the course of mutual dealings between the parties, contracts were entered into with relation to the rates to be charged for the service thus rendered. A dispute arose as to the rates...

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