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STATE v. JERSEY CENTRAL POWER & LIGHT CO.

125 N.J. Super. 97 (1973)

308 A.2d 671

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF, v. JERSEY CENTRAL POWER & LIGHT COMPANY, A NEW JERSEY CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided July 27, 1973.

Attorney(s) appearing for the Case

Mr. Lewis Goldshore, Deputy Attorney General, for plaintiff (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. Robert O. Brokaw for defendant.

DOHERTY, J.C.C., Temporarily Assigned.

This is an action by the State of New Jersey as plaintiff, against defendant operator of an electric power generator plant in Lacey Township, in three counts, all arising out of the same incident. The first count seeks to enforce the penalty provisions of N.J.S.A. 23:5-28, which prohibits the discharge of harmful substances into tidal water. The second count was resolved on motion during the trial, and the

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