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SCHWERMAN TRUCKING v. DEPT. OF ENV. PROTECTION

125 N.J. Super. 14 (1973)

308 A.2d 353

SCHWERMAN TRUCKING COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1973.

Attorney(s) appearing for the Case

Mr. Joseph S. Seidel argued the cause for appellant (Messrs. Paul Appel and Joseph S. Seidel, on the brief).

Mr. Lawrence E. Stanley, Deputy Attorney General, argued the cause for respondents (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. Thomas F.X. Foley argued the cause for intervenor New Jersey Motor Truck Association.

Before Judges FRITZ, LYNCH, and MARTINO.

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

We will not tarry over the questionable procedure employed in achieving this review. Respondents complain mildly about the procedure and in particular the untimeliness of the appeal. Regardless of whether the procedure employed is vulnerable, we would consider it unfortunate if all who wanted to mount a constitutional attack on a statute of such broad reach as that with which we are here concerned went about...

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