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CONSOLIDATION COAL CO., ET AL. v. KANDLE, ET AL.

105 N.J. Super. 104 (1969)

251 A.2d 295

CONSOLIDATION COAL CO., ET AL., PETITIONERS, v. ROSCOE P. KANDLE, COMMISSIONER, ET AL., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1969.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser argued the cause for petitioners (Messrs. Pindar, McElroy, Connell & Foley and Messrs. McLaughlin, Dawes & Abbotts, attorneys).

Mr. William J. Brennan, III argued the cause for respondents (Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges GOLDMANN, KILKENNY and CARTON.

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

Petitioners instituted this declaratory judgment proceeding under R.R. 4:88-10 and N.J.S.A. 26:2C-20 seeking judicial review of the validity of chapter X-A of the New Jersey Air Pollution Control Code (Code) promulgated by the State Commissioner of Health (Commissioner) on March 4, 1968 pursuant to the authority conferred on the State Department of Health (Department) by the Legislature under...

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