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N.J. DEPT. OF HEALTH v. ROSELLE

61 N.J. Super. 363 (1960)

160 A.2d 864

DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PETER ROSELLE, ET AL., ETC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1960.

Attorney(s) appearing for the Case

Mr. William L. Boyan, Deputy Attorney General, argued the cause for the plaintiff-appellant (Mr. David D. Furman, Attorney General, attorney).

Mr. Samuel A. Larner argued the cause for the defendants-respondents (Messrs. Budd, Larner & Kent, attorneys).

Before Judges PRICE, GAULKIN and SULLIVAN.

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

This is an appeal by the Department of Health from a judgment of the Superior Court, Chancery Division, which stated that it found the defendants "not guilty of * * * civil contempt" of a prior consent injunction which had directed the defendants to "cease violating the New Jersey Air Pollution Control Code, as promulgated and adopted by the Air Pollution Control Commission."

Pursuant to section 8 of...

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