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DAALEMAN v. ELIZABETHTOWN GAS CO.

142 N.J. Super. 531 (1976)

362 A.2d 70

HENRY J. DAALEMAN, INDIVIDUALLY AND AS A REPRESENTATIVE OF A CLASS OF ELIZABETHTOWN GAS COMPANY CONSUMERS, PLAINTIFFS, v. ELIZABETHTOWN GAS COMPANY, AND THE NEW JERSEY BOARD OF PUBLIC UTILITY COMMISSIONERS, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 24, 1976.

Attorney(s) appearing for the Case

Messrs. O'Brien, Daaleman & Liotta, attorneys for plaintiff Henry J. Daaleman, individually and as representative of a class of Elizabethtown Gas Company Consumers (Mr. Henry J. Daaleman on the brief).

Mr. Russell Fleming, Jr., attorney for defendant Elizabeth Gas Company (Mr. Fleming, of Counsel and on the brief; Mr. James Bayard Smith on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for defendant Board of Public Utility Commissioners (Mr. Lewis Goldshore, Deputy Attorney General, of counsel and on the brief).

DI BUONO, A.J.S.C.

In this class action composed of consumers who are supplied gas by defendant Elizabethtown Gas Company, it is alleged that Elizabethtown fraudulently manipulated the purchased gas adjustment (PGA) clause, an accounting device designed to transfer the increased costs of purchasing and storing natural and synthetic gas directly to the retail consumer. The complaint further asserts that Elizabethtown, through such manipulation, supplied false tariff...

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