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CITY OF BAYONNE v. NORTH JERSEY, ETC., COMMISSION

30 N.J. Super. 409 (1954)

105 A.2d 19

CITY OF BAYONNE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1954.

Attorney(s) appearing for the Case

Mr. William Rubin argued the cause for plaintiff-appellant (Mr. Abraham J. Slurzberg on the brief).

Mr. Oscar R. Wilensky argued the cause for defendants-respondents (Messrs. Oscar R. Wilensky, Horace S. Bellfatto, Robert J. McCurrie, Samuel Allcorn, Jr., Thomas J. Markey, James E. Fagan and Benjamin J. Spitz, attorneys).

Before Judges CLAPP, GOLDMANN and EWART.

The opinion of the court was delivered PER CURIAM.

The City of Bayonne brought suit for a declaratory judgment, seeking a construction of N.J.S.A. 58:5-26 and also asking the court to fix the price currently chargeable under that statute for water now being supplied it by the North Jersey District Water Supply Commission. The commission operates the Wanaque Reservoir, and it has now completed and put into use, apparently since the trial below, the Ramapo project...

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