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RIVER DEVELOPMENT CORP. v. LIBERTY CORP.

51 N.J. Super. 447 (1958)

144 A.2d 180

RIVER DEVELOPMENT CORP., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE LIBERTY CORPORATION, A CORPORATION OF THE STATE OF PENNSYLVANIA, DEFENDANT-RESPONDENT, AND GROVER C. RICHMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, AMICUS CURIAE.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs filed March 7, 1958.

Decided July 16, 1958.

Attorney(s) appearing for the Case

Mr. Louis B. LeDuc argued the cause for appellant.

Mr. Josiah E. DuBois, Jr., argued the cause for respondent (Messrs. DuBois & DuBois, attorneys).

Mr. David D. Furman, Deputy Attorney-General, argued the cause for the State of New Jersey, amicus curiae (Mr. Grover C. Richman, Jr., Attorney-General, attorney; Mr. Sidney Kaplan, Deputy Attorney-General, on the brief).

Mr. Edward J. O'Mara argued for the Pennsylvania Railroad Co., amicus curiae.

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

This action was brought to determine the rights of the respective parties to land under the tidal waters of the Delaware River known as Fisher Cove, in Pennsauken Township, Camden County, New Jersey, and to quiet title to that land. Additionally, plaintiff sought an injunction against defendant's dredging operations in the cove.

Plaintiff claims by reason of an act of 1869 (c. 386) which authorized...

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