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STATE, DEPT. OF TRANSP. v. PORT AUTHORITY OF N.Y. AND N.J.

151 N.J. Super. 127 (1977)

376 A.2d 591

STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION AND NEW JERSEY TURNPIKE AUTHORITY, PLAINTIFFS, v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 7, 1977.

Attorney(s) appearing for the Case

Mr. Paul G. Levy, Assistant Attorney General, for plaintiffs (Mr. William F. Hyland, Attorney General of New Jersey, attorney for Department of Transportation, and Mr. Robert N. Wilentz, General Counsel, attorney for New Jersey Turnpike Authority).

Mr. Francis A. Mulhern for defendant.

OSBORNE, J.S.C.

This case was originally presented to the court on a motion for summary judgment by plaintiffs, New Jersey Department of Transportation (DOT) and New Jersey Turnpike Authority (Turnpike). The parties thereafter agreed at the hearing to have the matter resolved on cross-motions for summary judgment.

The complaint seeks a declaratory judgment that (1) the Port Authority has authority to commit...

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