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UNION BLDG. & CONSTR. CORP. v. BORO. OF TOTOWA

98 N.J. Super. 446 (1968)

237 A.2d 637

THE UNION BUILDING & CONSTRUCTION CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. BOROUGH OF TOTOWA, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. COMMISSIONER, STATE HIGHWAY DEPARTMENT, STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided January 5, 1968.

Attorney(s) appearing for the Case

Mr. John J. Hanlon, Jr. for plaintiff (Messrs. Milton, Keane & De Bona, attorneys).

Mr. Louis Schwartz for defendant and third-party plaintiff.

Mr. John A. Hila, Deputy Attorney General, for third-party defendant (Mr. Arthur J. Sills, Attorney General of the State of New Jersey).

MOUNTAIN, J.S.C.

In the construction of Route No. 80 through the Borough of Totowa, third-party defendant New Jersey State Highway Department found it necessary to acquire a portion of a tract of land owned by plaintiff. Extended negotiations led to agreement as to price and on January 28, 1966 the land was conveyed to the State, plaintiff retaining title to two separate segments of its original holding lying on either...

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