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MATTER OF INTER COUNTY REFUSE SERV.

222 N.J. Super. 258 (1988)

536 A.2d 775

IN THE MATTER OF THE ALLEGATIONS OF VIOLATIONS OF LAW AND RULE BY INTER COUNTY REFUSE SERVICE, INC., AND LOUIS SPIEGEL, INDIVIDUALLY.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 1988.

Attorney(s) appearing for the Case

Vincent J. Dotoli and Pitney, Hardin, Kipp & Szuch, attorneys for appellants (Vincent J. Dotoli and Murray J. Laulicht on the brief).

W. Cary Edwards, Attorney General of New Jersey, attorney for respondent (James J. Ciancia, Assistant Attorney General, of counsel; George W. Fisher, Deputy Attorney General, on the brief).

Before Judges J.H. COLEMAN, O'BRIEN and HAVEY.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The novel issue raised by this appeal is whether a transfer of all the stock in a public utility engaged in the solid waste collection business, without prior approval of the Board of Public Utilities (BPU), is violative of the Solid Waste Control Act, N.J.S.A. 48:13A-1 et seq. and implementing regulations. The BPU concluded that the stock transfer was void. The BPU

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