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NEWARK v. NORTH JERSEY DIST. WATER SUP. COMM.

106 N.J. Super. 88 (1968)

254 A.2d 313

CITY OF NEWARK, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF, v. NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION, A PUBLIC AGENCY, AND TOWN OF BLOOMFIELD, TOWN OF NUTLEY, TOWN OF KEARNY, BOROUGH OF WEST CALDWELL, CITY OF ELIZABETH, TOWNSHIP OF CEDAR GROVE, BOROUGH OF GLEN RIDGE, VILLAGE OF SOUTH ORANGE, BOROUGH OF VERONA AND CITY OF BAYONNE, MUNICIPAL CORPORATIONS OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 6, 1968.

Attorney(s) appearing for the Case

Mr. Philip E. Gordon for plaintiff.

Mr. Oscar R. Wilensky for defendant North Jersey District Water Supply Commission.

Mr. Paul J. McCurrie for defendant Town of Kearny.

Mr. John J. McDonough for defendant Borough of West Caldwell.

Mr. Joseph A. DeStefano for defendant Township of Cedar Grove.

Mr. George H. Callahan for defendant Borough of Glen Ridge.

Mr. Emil E. Mascia for defendant Borough of Verona (Messrs. Sarcone & Mascia, attorneys).

MINTZ, J.S.C.

Plaintiff, City of Newark, seeks an adjudication rescinding two water supply contracts entered into between defendant North Jersey District Water Supply Commission (hereinafter referred to as "Commission"), Newark and a number of other municipalities.

The Commission moves for summary judgment on the ground that there exists no genuine issue as to any material fact and that it is entitled to judgment as a matter of law. At the oral argument, defendants...

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