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PITNEY BOWES v. BAKER INDUSTRIES

277 N.J. Super. 484 (1994)

649 A.2d 1325

PITNEY BOWES, INC., PLAINTIFF, v. BAKER INDUSTRIES, INC., PYRO REALTY ASSOCIATES II, LTD., ABC CORPORATION AND/OR AB, DEFENDANTS. HANOVER PARK FOR INDUSTRY AND PYRO REALTY ASSOCIATES II, LTD., THIRD-PARTY PLAINTIFFS/APPELLANTS, v. ATMOS ENGINEERING COMPANY, INC. AND ATMOS SERVICE COMPANY, INC. AND ABC CORPORATION AND/OR ABC CORPORATIONS (NAME OR NAMES BEING FICTITIOUS), XYZ PARTNERSHIP AND/OR XYZ PARTNERSHIPS (NAME OR NAMES BEING FICTITIOUS), AND JOHN DOE AND/OR JOHN DOES (NAME OR NAMES BEING FICTITIOUS), THIRD-PARTY DEFENDANTS/RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 1994.

Attorney(s) appearing for the Case

Janet L. Poletto argued the cause for appellants (Bumgardner, Hardin & Ellis, attorneys; Ms. Poletto, of counsel and on the brief; Marybeth Scriven, on the reply brief).

Steven A. Kunzman argued the cause for respondents Atmos Engineering Company, Inc. and Atmos Service Company, Inc. (Bivona Cohen Kunzman Coley Yospin Bernstein & DiFrancesco, attorneys; Mr. Kunzman, of counsel; Joan McSherry, on the brief).

Before Judges PRESSLER, LANDAU and CONLEY.

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

This controversy arises out of the environmental cleanup of soil contamination and ground water pollution allegedly caused by the improper design and installation of underground heating oil tanks by third-party defendant Atmos Engineering Company, Inc. in 1979. The sole question raised by this appeal is whether the private contribution rights accorded by N.J.S.A. 58:10-23.11f to those who do the cleanup...

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