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NUI CORP. v. KIMMELMAN

Nos. 84-5703, 84-5812.

765 F.2d 399 (1985)

NUI CORPORATION, a New Jersey Corporation v. Irwin I. KIMMELMAN, Attorney General of the State of New Jersey, and New Jersey Resources Corporation, a New Jersey Corporation. Appeal of NEW JERSEY RESOURCES, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 25, 1985.

Rehearing and Rehearing Denied July 25, 1985.

As Amended August 21, 1985.

Attorney(s) appearing for the Case

Richard B. McGlynn, Eric R. Breslin, Stryker, Tams & Dill, Newark, N.J., Thomas J. Schwarz, Peggy L. Kerr, (Argued), Harold Levy, Janet L. Goetz, Eric Friedberg, Skadden, Arps, Slate, Meagher & Flom, New York City, for appellant New Jersey Resources Corp.

Laurence B. Orloff (Argued), Deanne Wilson Plank, Orloff, Lowenbach, Stifelman & Siegel, P.A., Roseland, N.J., for NUI Corp.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and NEWCOMER, District Judge.

Rehearing and Rehearing In Banc Denied July 25, 1985.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

New Jersey Resources Corporation (Resources) appeals of right pursuant to 28 U.S.C. § 1292(a)(1) (1982) and by permission pursuant to 28 U.S.C. § 1292(b) (1982) from a summary judgment declaring N.J.Stat.Ann. § 48:2-51.1, 1984 N.J.Sess.Law.Serv. ch. 2 (West), unconstitutional, vacating the election of Resources' Board of Directors held...

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