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BERKELEY WATER CO., INC. v. BERKELEY TP.

92 N.J. Super. 284 (1966)

223 A.2d 206

BERKELEY WATER CO., INC., A BODY CORPORATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF BERKELEY, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 29, 1966.

Attorney(s) appearing for the Case

Mr. John R. Sailer argued the cause for appellant (Messrs. Sailer & Holzapfel, attorneys; Mr. Russell Fleming, Jr., on the brief).

Mr. Leonard G. Lomell argued the cause for respondent (Messrs. Ewart, Lomell, Adler & Kearney, attorneys; Mr. William J. Kearney, on the brief).

Before Judges GAULKIN, LEWIS and LABRECQUE.

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

In the pending proceeding by plaintiff Berkeley Water Co., Inc. (water company) against defendant Township of Berkeley (township) for the collection of $18,500 on alleged book account obligations, the Law Division entered summary judgment in favor of defendant on its cross-motion.

Plaintiff on appeal to this court urges in substance: (a) the utility franchise it obtained constituted a contractual obligation...

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