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DUKE POWER CO. v. PATTEN

20 N.J. 42 (1955)

118 A.2d 529

DUKE POWER COMPANY, A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDWARD J. PATTEN, SECRETARY OF STATE OF NEW JERSEY, AND ARCHIBALD S. ALEXANDER, TREASURER OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 21, 1955.

Attorney(s) appearing for the Case

Mr. Thomas McNulty argued the cause for the appellant (Messrs. Milton, McNulty & Augelli, attorneys).

Mr. Harold Kolovsky, Assistant Attorney-General, argued the cause for the respondents (Mr. Grover C. Richman, Jr., Attorney-General; Mr. Thomas L. Franklin, of counsel).

The opinion of the court was delivered by VANDERBILT, C.J.

The plaintiff appeals from a dismissal of its complaint by the Law Division of the Superior Court. It is being considered by this court as the result of a certification on our own motion.

The action was brought for declaratory relief under N.J.S. 2A:16-51 et seq. seeking to have it determined that a filing fee charged the plaintiff under the statutes relating to the fees to be...

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