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YARA ENGR. CORP. v. N.J. TURNPIKE AUTHORITY

49 N.J. Super. 603 (1958)

141 A.2d 66

YARA ENGINEERING CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NEW JERSEY TURNPIKE AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 1958.

Attorney(s) appearing for the Case

Mr. Emanuel Wagner argued the cause for appellant.

Mr. Arthur L. Troast argued the cause for respondent (Messrs. McCarter, English & Studer, attorneys; Mr. Ward J. Herbert, of counsel).

Messrs. McGlynn, Stein & McGlynn (Mr. Edward R. McGlynn, of counsel) filed a brief amicus curiae on behalf of Central Railroad Co. of N.J., Edward J. Grassman and Union Foundation.

Before Judges GOLDMANN, FREUND and CONFORD.

GOLDMANN, S.J.R.D.

Plaintiff appeals from a summary judgment entered by the Law Division in defendant's favor determining that defendant held title to the bed of Price's Creek in Elizabeth, New Jersey. The issue presented on this appeal is precisely that decided by this court in Schultz v. Wilson, 44 N.J.Super. 591 (App. Div. 1957), certification denied 24 N.J. 546 (1957).

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