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NEW JERSEY POWER & LIGHT CO. v. BOROUGH OF BUTLER

4 N.J. Super. 270 (1949)

66 A.2d 876

NEW JERSEY POWER & LIGHT COMPANY, A CORPORATION, DEFENDANT-APPELLANT, AND THE SMOKE RISE COMPANY, INC., A CORPORATION, AND J. ALDEN TALBOT, INTERVENERS-APPELLANT, v. THE BOROUGH OF BUTLER, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, AND BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1949.

Attorney(s) appearing for the Case

Mr. Joseph F. Autenreith (Messrs. Autenreith & Rochester, attorneys) argued the cause for the defendant-appellant.

Mr. Harold A. Price (Messrs. Schenck, Price, Smith & King, attorneys) argued the cause for the interveners-appellant.

Mr. David Young, III, argued the cause for the plaintiff-respondent.

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

This is an appeal from an order of the Board of Public Utility Commissioners which, in primary effect, allocated the disputed Smoke Rise section of the Borough of Kinnelon for utility servicing by the electrical distribution plant of the Borough of Butler rather than the New Jersey Power and Light Company.

In 1915 the Borough of Butler began operating its own plant for the generation and distribution...

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