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DAALEMAN v. ELIZABETHTOWN GAS COMPANY

77 N.J. 267 (1978)

390 A.2d 566

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

The Supreme Court of New Jersey.

Decided June 29, 1978.

Attorney(s) appearing for the Case

Mr. Russell Fleming, Jr. argued the cause for appellant.

Mr. Henry J. Daaleman argued the cause for cross-appellant.

Mr. Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for respondent (Mr. Stephen Skillman, Assistant Attorney General, of counsel, Mr. John J. Degnan, Attorney General of the State of New Jersey, attorney).

The opinion of the court was delivered by SULLIVAN, J.

The present suit, so far as it is pertinent to this appeal, was filed as a class action against defendant Elizabethtown Gas Company (Elizabethtown), a privately owned public utility corporation operating under the jurisdiction of the Board of Public Utility Commissioners of the State of New Jersey (PUC). Plaintiff alleges that he is a member of a class of 186,000 gas customers of Elizabethtown and that he is maintaining...

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