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CITY OF NEW BRUNSWICK v. BOROUGH OF MILLTOWN

191 N.J. Super. 467 (1983)

467 A.2d 591

CITY OF NEW BRUNSWICK, PLAINTIFF, v. BOROUGH OF MILLTOWN AND THE MIDDLESEX COUNTY SEWERAGE AUTHORITY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Middlesex County.

Decided February 18, 1983.

Attorney(s) appearing for the Case

John J. Degnan for plaintiff (Shanley & Fisher, Attorneys).

Arnold K. Mytelka for defendant, Borough of Milltown (Clapp & Eisenberg, attorneys).

Anne S. Babineau for defendant, Middlesex County Sewerage Authority (Wilentz, Goldman & Spitzer, attorneys).

COHEN, J.S.C.

In 1914 New Brunswick and Milltown entered into a contract that provided, in part, for the free disposal by New Brunswick of Milltown's sewage. In this suit New Brunswick seeks a judgment terminating its duty to perform the contract.1 This is not the first time New Brunswick has sought relief from its continuing obligations under the 1914 agreement. Its efforts have been uniformly...

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