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STATE, HIGHWAY COMM'R v. GORGA

26 N.J. 113 (1958)

138 A.2d 833

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-APPELLANT, v. FIORE GORGA AND GLORIA GORGA, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 17, 1958.

Attorney(s) appearing for the Case

Mr. William J. McCormack, Deputy Attorney-General of New Jersey, argued the cause for appellant (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney; Mr. Christian Bollermann, Deputy Attorney-General, of counsel).

Mr. Ervan F. Kushner argued the cause for respondents (Mr. Robert Kleiner, on the brief).

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

This is a condemnation case. The Appellate Division reversed the judgment upon defendants' appeal, 45 N.J.Super. 417 (1957), and we granted the State's petition for certification. 25 N.J. 49 (1957).

We think the judgment of the Appellate Division should be affirmed but with some clarifying observations.

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