STATE v. CIBA-GEIGY CORP.


222 N.J. Super. 343 (1988)

536 A.2d 1299

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CIBA-GEIGY CORPORATION, TOMS RIVER CHEMICAL CORPORATION, WILLIAM P. BOBSEIN, DAVID R. ELLIS, JAMES A. MCPHERSON, ROBERT F. FESEN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1988.


Attorney(s) appearing for the Case

Carol M. Henderson, Deputy Attorney General, argued the cause for appellant (W. Cary Edwards, Attorney General, attorney, John DeCicco, Assistant Attorney General and Carol M. Henderson, of counsel, Carol M. Henderson on the brief).

Frederick A.O. Schwarz, Jr., of the New York Bar, argued the cause for respondent, Ciba-Geigy Corporation (Lowenstein, Sandler, Kohl, Fisher and Boylan, attorneys, Matthew P. Boylan, of counsel; Cravath, Swaine and Moore of the New York Bar, attorneys, Frederick A.O. Schwarz, Jr., of counsel).

Henry F. Furst argued the cause for respondent William P. Bobsein (Brown & Brown; Furst and Waldman, attorneys, Henry F. Furst, of counsel).

Paulette L. Pitt argued the cause for respondent, David R. Ellis (Hayden & Perle, attorneys. Joseph A. Hayden, Jr., of counsel).

Michael E. Wilbert argued the cause for respondent, James A. McPherson (Wilbert & Montenegro, attorneys, Michael E. Wilbert, of counsel).

Robert F. Novins argued the cause for respondent, Robert F. Fesen (Novins, York DeVincens & Pentony, attorneys, Robert F. Novins, of counsel, James P. Brady, on the supplemental brief).

A joint brief was filed on behalf of all respondents (Matthew P. Boylan and Frederick A.O. Schwarz, Jr., on the brief).

No appearance was filed on behalf of respondent, Toms River Chemical Corporation.

Before Judges FURMAN, BRODY and SCALERA.


The opinion of the court was delivered by SCALERA, J.A.D.

This appeal by the State arises from a dismissal of the entire thirty-five count indictment against defendants in connection with unlawful disposal of hazardous waste. We reverse and remand.

On October 24, 1984, a State Grand Jury returned a multiple count indictment charging defendants, Ciba-Geigy Corporation (Ciba), Toms River Chemical Corporation (Toms River), William Bobsein (Bobsein), David Ellis...

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