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IN RE PETITION OF ELIZABETHTOWN WATER CO.

205 N.J. Super. 528 (1985)

501 A.2d 567

IN THE MATTER OF THE PETITION OF ELIZABETHTOWN WATER COMPANY FOR AN INCREASE IN RATES. IN THE MATTER OF ANALYSIS OF EARNINGS OF ELIZABETHTOWN WATER COMPANY. ELIZABETHTOWN WATER COMPANY, PETITIONER-APPELLANT, v. NEW JERSEY BOARD OF PUBLIC UTILITIES, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1985.

Attorney(s) appearing for the Case

Brendan T. Byrne and William R. Holzapfel argued the cause for appellant (Carella, Byrne, Bain & Gilfillan and Holzapfel, Perkins & Kelly, attorneys; Brendan T. Byrne, William R. Holzapfel, Gwenellen P. Janov and Dennis P. Harkawik, on the brief).

Helene S. Wallenstein, Deputy Public Advocate, argued the cause for respondent Alfred A. Slocum, Acting Public Advocate (Alfred A. Slocum, attorney pro se; Helene S. Wallenstein on the brief).

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for respondent Board of Public Utilities (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Bertram P. Goltz, on the brief).

Stryker, Tams & Dill submitted a brief amicus curiae for New Jersey Utilities Association, Inc. (Richard B. McGlynn, of counsel; Mark L. Mucci, on the brief).

Before MORTON I. GREENBERG, J.H. COLEMAN and LONG, JJ.

The opinion of the court was delivered by MORTON I. GREENBERG, P.J.A.D.

This matter comes on before this court on appeal from a decision and order of respondent Board of Public Utilities, 62 PUR4th 613 ("Board") in a rate case.

The case originated on December 2, 1983 when appellant, Elizabethtown Water Company ("Elizabethtown"), a public utility water company subject to the regulatory jurisdiction of the Board, filed a petition with the Board seeking...

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