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STATE v. KOZIOL

157 N.J. Super. 499 (1978)

385 A.2d 251

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE AND HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION, PLAINTIFFS-APPELLANTS, v. LEON KOZIOL; TRANSCONTINENTAL TOWING AND REPAIRS, INC., A NEW JERSEY CORPORATION; METRO FEED AND SUPPLY CORP., A NEW YORK CORPORATION; AND BARTLO PACKAGING, INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1978.

Attorney(s) appearing for the Case

Mr. Keith A. Onsdorff, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey; Mr. William F. Hyland, former Attorney General of New Jersey; Ms. Erminie Conley of counsel).

Mr. Gene N. Schiffman argued the cause for the respondent Bartlo Packaging, Inc. (Messrs. Schiffman and Schiffman, attorneys; Mr. Richard G. Berger on the brief).

Before Judges MICHELS, PRESSLER and BILDER.

The opinion of the court was delivered by BILDER, J.S.C. (temporarily assigned).

This is an appeal by the Department of Environmental Protection from the dismissal of claims for penalties for violations of the New Jersey Pesticide Control Law (N.J.S.A. 13:1F-1 et seq.).

In September 1976 plaintiff filed a complaint seeking injunctive relief and penalties under the act with respect to an alleged toxic mercury residue contamination in a building...

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