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IN RE PATHMARK STORES, INC.

842 A.2d 200 (2003)

367 N.J. Super. 50

In the Matter of PATHMARK STORES, INC. and Plainbridge, LLC.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 2004.

Attorney(s) appearing for the Case

M. Paige Berry, Princeton, argued the cause for appellant (Reed Smith LLP, attorney; Ms. Berry, of counsel; Ms. Berry and Thomas J. Burns, III, on the brief).

Karyn G. Gordon, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Gordon, on the brief).

Before Judges SKILLMAN, COBURN and FISHER.

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

This appeal involves interpretation of the provision in the Employers' Liability Insurance Law, N.J.S.A. 34:15-70 to -93, which allows an employer that can demonstrate the financial capacity to pay workers' compensation benefits to obtain an exemption from the obligation to insure this liability.

Appellant Pathmark Stores, Inc. and Plainbridge, LLC (Pathmark) own and operate more than one...

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