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CITY OF NEWARK v. N.J. TURNPIKE AUTHORITY

7 N.J. 377 (1951)

81 A.2d 705

THE CITY OF NEWARK, PLAINTIFF-APPELLANT, v. NEW JERSEY TURNPIKE AUTHORITY, CONSTRUCTION AGGREGATES CORPORATION, AND PETER KIEWIT & SONS CO., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 18, 1951.

Attorney(s) appearing for the Case

Mr. Charles Handler argued the cause for the appellant (Messrs. George B. Astley and Algernon T. Sweeney on the brief).

Mr. Ward J. Herbert argued the cause for the respondents.

The opinion of the court was delivered by VANDERBILT, C.J.

This is an appeal by the City of Newark from a summary judgment of the Chancery Division of the Superior Court granted on the motion of the defendants. The appeal was taken to the Appellate Division of the Superior Court and while there pending was certified here on our own motion.

The New Jersey Turnpike Authority was created by the New Jersey Turnpike Authority Act of 1948 (L. 1948,

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