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STATE v. APPLEGATE, ET AL.

107 N.J. Super. 159 (1969)

257 A.2d 717

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. JOSEPH N. APPLEGATE, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 1969.

Attorney(s) appearing for the Case

Mr. Garry J. Roettger, Deputy Attorney General, argued the cause for appellant (Mr. Arthur J. Sills, Attorney General, attorney; Mr. Stephen Skillman, Deputy Attorney General, of counsel).

Mr. Edward W. Haines argued the cause for respondents (Messrs. Haines, Schuman & Butz, attorneys for defendants Applegate).

Before Judges GOLDMANN, LEWIS and MATTHEWS.

GOLDMANN, P.J.A.D.

Plaintiff appeals a Law Division judgment awarding defendants $25,000 in condemnation following a jury trial.

On November 10, 1967 the Commissioner of Transportation instituted condemnation proceedings, and on that day filed a declaration of taking and an order for payment into court of the estimated value of the taking, $1,850. That amount was deposited with the clerk of the court. Lis pendens

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