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SHAHMOON INDUS., INC. v. DEPT. OF HEALTH, N.J.

93 N.J. Super. 272 (1966)

225 A.2d 699

SHAHMOON INDUSTRIES, INCORPORATED, A CORPORATION OF DELAWARE, APPELLANT, v. DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1966.

Attorney(s) appearing for the Case

Mr. Samuel Kaufman argued the cause for appellant (Mr. Howard Spear, attorney; Messrs. Kaufman, Kaufman & Kaufman; Mr. John M. Kaufman, of counsel).

Mr. Theodore A. Schwartz, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Norman D. Weisburd, Deputy Attorney General, on the brief).

Before Judges CONFORD, FOLEY and LEONARD.

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

This is an appeal from an order of the State Commissioner of Health dated February 16, 1966, entered after hearing on a cease and desist order previously issued by the State Department of Health ("Department" hereinafter), by which order of February 16 appellant, operator of a cast iron foundry ("Shahmoon" hereinafter), was directed to (1) "cease discharging solid particles into the outdoor atmosphere from...

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