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N.J. TRANSPORTATION DEP'T v. PSC RESOURCES, INC.

175 N.J. Super. 447 (1980)

419 A.2d 1151

DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. PSC RESOURCES, INCORPORATED, A DELAWARE CORPORATION, SUCCESSOR OF PHILLIPS RESOURCES, INC., A DELAWARE CORPORATION, BY CHANGE OF NAME ON JANUARY 16, 1974; DIAMOND HEAD OIL REFINING COMPANY, INCORPORATED, A DISSOLVED NEW JERSEY CORPORATION; AND NEWTOWN REFINING CORPORATION, A NEW YORK CORPORATION, SUCCESSOR OF AG-MET OIL SERVICES, INC., A NEW YORK CORPORATION, BY CHANGE OF NAME ON NOVEMBER 29, 1976, DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

Decided July 31, 1980.

Attorney(s) appearing for the Case

Thomas J. Germine, Deputy Attorney General, for plaintiff (John J. Degnan, Attorney General of New Jersey, attorney).

Charles F. Mandell and Paul H. Shur, for defendant PSC Resources, Incorporated.

Daniel L. Martin for defendant Newtown Refining Corporation (Dwyer, Connell & Lisbona, attorneys).

YOUNG, J.S.C.

The single issue submitted for determination is whether a corporation which purchases the assets of another corporation for cash is liable for damages arising from the environmental tort of its predecessor. Plaintiff Department of Transportation of the State of New Jersey (DOT) moves for summary judgment against defendant PSC Resources, Inc. (PSC) for damages to plaintiff's property caused by PSC's predecessor, codefendant Diamond Head Oil Refining Co...

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