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FAUBEL v. BUCKEYE PIPE LINE CO.

20 N.J. Super. 116 (1952)

89 A.2d 286

THOMAS LLOYD FAUBEL, PLAINTIFF, v. BUCKEYE PIPE LINE COMPANY, A FOREIGN CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided May 21, 1952.

Attorney(s) appearing for the Case

Mr. Henry F. Schenk and Mr. Harry Krieger, attorneys for plaintiff (Mr. Harry Krieger, appearing).

Messrs. Herr & Fisher, attorneys for defendant (Mr. Burtis S. Horner, appearing).

COLIE, J.S.C.

This is a motion to dismiss a complaint in lieu of prerogative writ on the ground that the allegations thereof are sham, insufficient in law and fail to state a claim upon which relief can be granted. The complaint alleges that plaintiff owns lands in Raritan Township, Hunterdon County; that the defendant, an Ohio corporation authorized to do business in New Jersey, presented a petition under the authority of R.S. 48:10-1 to condemn a strip of...

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