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FIBERMARK NORTH AMERICA, INC. v. STATE

No. A-6201-08T1.

FIBERMARK NORTH AMERICA, INC., Plaintiff-Appellant, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 5, 2011.

Attorney(s) appearing for the Case

Joshua W. Denbeaux argued the cause for appellant (Denbeaux & Denbeaux, attorneys; Mr. Denbeaux, R. Bradford Fawley, of the Vermont bar, admitted pro hac vice, Elizabeth R. Wohl, of the Vermont bar, admitted pro hac vice (Downs Rachlin Martin P.L.L.C.), on the briefs).

Melissa H. Raksa, Assistant Attorney General, argued the cause for respondent (Paula T. Dow, Attorney General, attorney; Ms. Raksa, of counsel; Kimberly A. Hahn, Deputy Attorney General, on the brief).

Before Judges Wefing, Baxter and Koblitz.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Plaintiff appeals from a trial court order dismissing its complaint under Rule 4:37-2(b). After reviewing the record in light of the contentions advanced on appeal, we affirm in part, reverse in part, and remand for further proceedings.

James River Paper Company, Inc. (James River) owned paper mills in Warren Glen and Hughesville, New Jersey, that...

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