DAALEMAN v. ELIZABETHTOWN GAS COMPANY


150 N.J. Super. 78 (1977)

374 A.2d 1237

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

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1977.


Attorney(s) appearing for the Case

Mr. Henry J. Daaleman argued the cause for the appellant (Messrs. O'Brien, Daaleman & Liotta, attorneys; Messrs. Henry J. Daaleman and Richard M. Mandel on the brief).

Mr. Russell Fleming Jr. argued the cause for the respondent Elizabethtown Gas Company (Mr. Russell Fleming Jr. and Mr. James Bayard Smith on the brief).

Mr. Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for respondent Board of Public Utility Commissioners (Mr. William F. Hyland, Attorney General of New Jersey; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges FRITZ, ARD and PRESSLER.


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

Plaintiff Henry J. Daaleman individually and as representative of the class of retail consumers of Elizabethtown Gas Company, a public utility, brought this action in the Law Division against Elizabethtown pursuant to the Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. The gravamen of the complaint was Elizabethtown's alleged fraudulent manipulation...

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