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STATE v. HATCO CHEMICAL CO.

96 N.J. Super. 238 (1967)

232 A.2d 838

STATE OF NEW JERSEY (DEPARTMENT OF HEALTH OF THE TOWNSHIP OF WOODBRIDGE), PLAINTIFF-APPELLANT, v. HATCO CHEMICAL COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 1967.

Attorney(s) appearing for the Case

Mr. Edmund Vitale, Jr., argued the cause for Township of Woodbridge (Mr. Norman Robbins, attorney).

Mr. Ernest Gross argued the cause for Hatco Chemical Company (Messrs. Gross, Weissberger & Linett, attorneys; Mr. David Linett on the brief).

Mr. Richard Newman, Deputy Attorney General, argued the cause for the state of New Jersey, amicus curiae (Mr. Arthur J. Sills, Attorney General, attorney; Mr. Richard J. Sauerwein, Deputy Attorney General, on the brief).

Before Judges GAULKIN, LEWIS and LABRECQUE.

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

Defendant was convicted in the municipal court upon five complaints charging violations of an air pollution control ordinance enacted by the Municipal Council of the Township of Woodbridge, and "fined" $100 upon each complaint. It appealed to the County Court where, before trial de novo, it moved to dismiss the complaints on the ground that the ordinance...

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