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JERSEY CITY, ETC., AUTH'Y v. HOUSING, ETC., JERSEY CITY

40 N.J. 145 (1963)

190 A.2d 870

THE JERSEY CITY SEWERAGE AUTHORITY, A BODY POLITIC AND CORPORATE, PLAINTIFF-RESPONDENT, v. THE HOUSING AUTHORITY OF THE CITY OF JERSEY CITY, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT, v. THE CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, THIRD-PARTY DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 6, 1963.

Attorney(s) appearing for the Case

Mr. Harry Indursky argued the cause for appellant, The Housing Authority of the City of Jersey City (Messrs. Levy, Lemken & Margulies, attorneys; Mr. Seymour Margulies, of counsel and on the brief).

Mr. Francis X. Fahy argued the cause for respondent, The Jersey City Sewerage Authority.

Mr. T. James Tumulty, Assistant Corporation Counsel, argued the cause for respondent, The City of Jersey City (Mr. Meyer Pesin, Corporation Counsel of Jersey City, attorney; Mr. Tumulty, of counsel and on the brief).

The opinion of the court was delivered by SCHETTINO, J.

Plaintiff, the Jersey City Sewerage Authority (Sewerage), brought an action in the Superior Court, Law Division, Hudson County, against the defendant, the Jersey City Housing Authority (Housing), to recover service charges for treating defendant's sewage. In its answer defendant relied primarily on two lines of defense: (1) that the Local Housing Authorities Law, N...

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