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DEPT. OF HEALTH v. PASSAIC VALLEY SEW. COM'RS

105 N.J. Super. 565 (1969)

253 A.2d 577

DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PASSAIC VALLEY SEWERAGE COMMISSIONERS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1969.

Attorney(s) appearing for the Case

Mr. Thomas E. Durkin, Jr. argued the cause for appellant (Mr. Norman A. Doyle, Jr., on the brief).

Mr. Theodore A. Schwartz, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General, attorney).

Mr. Sam Weiss, Assistant Corporation Counsel, argued the cause for the City of Newark amicus curiae (Mr. Philip E. Gordon, Corporation Counsel, attorney).

Before Judges GAULKIN, COLLESTER and LABRECQUE.

PER CURIAM.

The Passaic Valley Sewerage Commissioners appeal from the judgment entered in the Chancery Division pursuant to the opinion of Judge Mintz reported in 100 N.J.Super. 540 (Ch. Div. 1968).

To quote from its brief, the Commissioners argue that (1) "N.J.S.A. 58:12-1 et seq., upon which this action is based, gives the plaintiff no regulatory authority over the defendant"; (2) "The discharge...

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