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IN RE PROPOSED INCREASE CENTRAL R.R.

125 N.J. Super. 48 (1973)

308 A.2d 370

IN THE MATTER OF PROPOSED INCREASED INTRASTATE INDUSTRIAL SAND RATES BY THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, R.D. TIMPANY, TRUSTEE.

Superior Court of New Jersey, Appellate Division.

Decided July 23, 1973.

Attorney(s) appearing for the Case

Mr. Howard T. Rosen argued the cause for appellants (Rosen and Weiss, attorney; Mr. Walter G. Reinhard, on the brief).

Mr. J. Edgar McDonald of the New York Bar, argued the cause for respondent (Mr. Richard B. Wachenfeld, attorney).

Mr. William Gural, Deputy Attorney General, argued the cause for the Board of Public Utility Commissioners (Mr. George F. Kugler, Jr., Attorney General, attorney).

Before Judges LORA, ALLCORN and HANDLER.

PER CURIAM.

As we earlier observed in directing the remand of this cause for findings, "in the performance of its rate-fixing function the Board [of Public Utility Commissioners] is bound by one over-riding statutory direction and consideration — namely, that the rates fixed be `just and reasonable.'" Equally fundamental is the proposition, universally accepted, that the "justness and reasonableness of a particular rate * * * can only be determined after an...

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