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STATE, DEPT. OF ENVIRON. PROTECT. v. VENTRON CORP.

94 N.J. 473 (1983)

468 A.2d 150

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT, v. VENTRON CORPORATION, A MASSACHUSETTS CORPORATION; WOOD RIDGE CHEMICAL CORPORATION, A NEVADA CORPORATION AND VELSICOL CHEMICAL CORPORATION, DEFENDANTS-APPELLANTS, AND ROBERT M. WOLF & RITA W. WOLF, HIS WIFE, DEFENDANTS-RESPONDENTS, AND UNITED STATES LIFE INSURANCE COMPANY, A NEW YORK CORPORATION AND F.W. BERK AND COMPANY, INC., DEFENDANTS. and ROVIC CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, BY ITS STATUTORY RECEIVER, JOSEPH KEANE, INTERVENOR-PLAINTIFF, v. VENTRON CORPORATION, A MASSACHUSETTS CORPORATION; WOOD RIDGE CHEMICAL CORPORATION, A NEVADA CORPORATION; VELSICOL CHEMICAL CORPORATION AND F.W. BERK & CO., INC., DEFENDANTS. and MOBIL OIL CORPORATION, CHEVRON U.S.A., INC., TEXACO, INC. AND EXXON COMPANY, U.S.A., FOREIGN CORPORATIONS AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, PLAINTIFFS, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, SPILL COMPENSATION FUND, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 21, 1983.

Attorney(s) appearing for the Case

Harry R. Hill, Jr., argued the cause for appellants Ventron Corporation, etc., et al. (Backes, Waldron & Hill, attorneys; Michael J. Nizolek, on the brief).

Adrian M. Foley, Jr., argued the cause for appellant Velsicol Chemical Corporation (Connell, Foley & Geiser, attorneys; Adrian M. Foley, Jr., and John F. Neary, of counsel; John F. Neary, on the briefs).

Murry D. Brochin argued the cause for respondents Robert M. Wolf, et al. (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys; Deanne Wilson Plank, on the brief).

Ronald P. Heksch, Deputy Attorney General, argued the cause for respondent State of New Jersey, etc. (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, Assistant Attorney General, of counsel).

Barry H. Evenchick, Special Counsel, submitted a letter in lieu of brief on behalf of State of New Jersey, Department of the Treasury, Spill Compensation Fund.

The opinion of the Court was delivered by POLLOCK, J.

This appeal concerns the responsibility of various corporations for the cost of the cleanup and removal of mercury pollution seeping from a forty-acre tract of land into Berry's Creek, a tidal estuary of the Hackensack River that flows through the Meadowlands. The plaintiff is the State of New Jersey, Department of Environmental Protection (DEP); the primary defendants are Velsicol Chemical Corporation (Velsicol...

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