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STATE v. PELLINI

75 N.J. Super. 161 (1962)

182 A.2d 566

STATE OF NEW JERSEY, ACTING BY AND THROUGH SALVATORE A. BONTEMPO, COMMISSIONER OF THE DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT, PLAINTIFF-APPELLANT, v. JOHN M. PELLINI, RITA G. PELLINI AND CHRISTINE M. EWEN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 1962.

Attorney(s) appearing for the Case

Mr. Justin P. Walder, Legal Assistant, argued the cause for appellant (Mr. Arthur J. Sills, Attorney General, attorney; Mr. Walder, on the brief).

Mr. Norman Heine argued the cause for respondents Pellini.

Before Judges GOLDMANN, FREUND and FOLEY.

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

This is an appeal from a Law Division judgment holding that the Clerk of the Superior Court was not entitled to receive commissions upon the condemnation award which plaintiff had paid into court.

On January 8, 1960 the State of New Jersey, acting by and through the Commissioner of the Department of Conservation and Economic Development, instituted...

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