N.J. HIGHWAY AUTHORITY v. SILLS


111 N.J. Super. 313 (1970)

268 A.2d 308

NEW JERSEY HIGHWAY AUTHORITY, A BODY CORPORATE AND POLITIC CREATED AND EXISTING UNDER AND BY VIRTUE OF CHAPTER 16 OF THE LAWS OF 1952, AS AMENDED AND SUPPLEMENTED; FIDELITY UNION TRUST COMPANY, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, AS TRUSTEE UNDER THE GENERAL BOND RESOLUTION OF THE NEW JERSEY HIGHWAY AUTHORITY ADOPTED JULY 8, 1953, AS SUPPLEMENTED; AND FIRST NATIONAL STATE BANK OF NEW JERSEY, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER THE JUNIOR BOND RESOLUTION OF THE NEW JERSEY HIGHWAY AUTHORITY ADOPTED JULY 7, 1962, AS SUPPLEMENTED, PLAINTIFFS, v. ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided July 29, 1970.


Attorney(s) appearing for the Case

Mr. Theodore W. Geiser for plaintiff New Jersey Highway Authority (Messrs. Pindar, McElroy, Connell, Foley & Geiser, attorneys).

Mr. Dickinson R. Debevoise for plaintiff Fidelity Union Trust Company, trustee (Messrs. Riker, Danzig, Scherer & Brown, attorneys).

Mr. John J. McDonough for plaintiff First National State Bank of New Jersey, trustee.

Mr. Philip S. Carchman, Deputy Attorney General, for defendant.

Mr. J. Leonard Hornstein for Intervenors-Defendants 78th Division (Training) United States Army Reserve and National Guard Association of New Jersey (Messrs. Hornstein & Hornstein, attorneys).


HERBERT, J.S.C.

This supplements an earlier opinion dated March 25, 1970 which is reported in 109 N.J.Super. 424 (Ch. Div. 1970). After that opinion was published, but before any judgment was entered, application was made by 78th Division (Training) United States Army Reserve and by Natonal Guard Association of New Jersey to intervene for the purpose of defending against plaintiffs' contentions that Chapters 352 and...

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