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STATE BY STATE HIGHWAY COMM'R v. ROSA INDUSTRIES, INC.

59 N.J. Super. 370 (1960)

157 A.2d 845

STATE OF NEW JERSEY BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-APPELLANT, v. ROSA INDUSTRIES, INC., A CORPORATION OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1960.

Attorney(s) appearing for the Case

Mr. William L. Boyan, Deputy Attorney General, argued the cause for plaintiff-appellant (Mr. David D. Furman, Attorney General, attorney).

Mr. Joseph T. Grause argued the cause for defendants-respondents (Messrs. Parsons, Labrecque, Canzona and Blair, attorneys).

Before Judges GOLDMANN, CONFORD and FREUND.

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

This is an appeal from an order of the Superior Court, Law Division, dismissing as untimely within the requirements of R.R. 4:92-6(a), a notice of appeal filed by the State of New Jersey from an award by commissioners in condemnation proceedings.

Upon the completion of the testimony and evidence before the commissioners, on November 19, 1958, Deputy Attorney General William J. McCormack...

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