STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND SPILL COMPENSATION FUND, DEPARTMENT OF TREASURY, PLAINTIFFS-APPELLANTS,
v.
ARLINGTON WAREHOUSE, DEFENDANT-APPELLANT, AND J.T. BAKER CHEMICAL CO., MIRACLE ADHESIVES, CELANESE CO., SOLVENT CHEMICAL, DUPLEX LABORATORIES, ASHLAND CHEMICAL, LUBRICAL INC., ICC INDUSTRIES, ALPHA INTERNATIONAL CHEMICAL AND CARBOLINE CO., DEFENDANTS-RESPONDENTS. and WELLEN OIL & CHEMICAL, INC., INTERNATIONAL SECURITY SYSTEMS, INC., DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued June 12, 1985.
Decided July 10, 1985.
Attorney(s) appearing for the Case
Karen Suter, Deputy Attorney General, argued the cause for appellants (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).
Kenneth F. Mullaney, Jr., argued the cause for appellant Arlington Warehouse (Dwyer, Connell & Lisbona, attorneys).
I. Leo Motiuk argued the cause for respondent J.T. Baker Chemical Co. (Schaff, Mahon, Motiuk, Gladstone & Conley, attorneys; Richard M. Conley and Michael W. Sozansky, Jr., on the brief).
Robert J. Reilly, III, argued the cause for respondent Miracle Adhesives (Haggerty & Donohue, attorneys).
Lorelei Borland argued the cause for respondent Ashland Chemical Co. (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Henry G. Morgan of counsel; John M. Bowens on the brief).
James T. Boyle, Jr., argued the cause for respondent ICC Industries (Scanlon & Robinson, attorneys).
Alvin D. Hersh argued the cause for Carboline Co. (Wacks, Hersh, Ramsey, Berman & Kimmel, attorneys; Edward A. Berman and Philip D. Stern on the brief).
Kasen, Kraemer, Burns & Lovell, attorneys for Celanese Co. (Daniel G. Kasen on the letter brief).
No appearance was made on behalf of respondents Solvent Chemical, Duplex Laboratories Lubrical Inc. and Alpha International Chemical.
Before Judges MATTHEWS, FURMAN and HAVEY.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by FURMAN, J.A.D.
Plaintiffs and defendant Arlington Warehouse appeal by our leave from summary judgment in favor of all other defendants except Wellen Oil & Chemical Inc. and International Security Systems, Inc. in an action to recover costs of over $1,200,000 incurred in the Department of Environmental Protection's (DEP) cleanup of chemical products discharged as a result...
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