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J. FILIBERTO SANITATION, INC. v. STATE OF NEW JERSEY DEPT. OF ENVIR. PROT.

No. 88-5046.

857 F.2d 913 (1988)

J. FILIBERTO SANITATION, INC., Appellant, v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and Board of Public Utilities; Hunterdon County Municipal Utilities Authority.

United States Court of Appeals, Third Circuit.

Decided September 8, 1988.

Attorney(s) appearing for the Case

Robert S. Moraff (argued), Steven T. Singer, Schwartz, Tobia & Stanziale, Montclair, N.J., for appellant.

W. Carey Edwards, Atty. Gen. of New Jersey, Michael R. Clancy, Harley A. Williams (argued), Deputy Atty. Gen., Trenton, N.J., for appellees, State of N.J., Dept. of Environmental Protection and Board of Public Utilities.

Gaetano M. De Sapio, John P. Gallina (argued), Flemington, N.J., for appellee, Hunterdon County Utilities Authority.

Before SLOVITER, SCIRICA and WEIS, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellant J. Filiberto Sanitation is a New Jersey Corporation engaged in the collection and disposal of solid wastes, registered and licensed as a public utility. See N.J.Stat.Ann. § 48:2-13 (West Supp.1988). Appellees the New Jersey Department of Environmental Protection (DEP) and the New Jersey Board of Public Utilities (BPU) are state agencies with regulatory authority over aspects of the collection...

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