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O'NEILL v. STATE HIGHWAY DEPT.

77 N.J. Super. 262 (1962)

186 A.2d 127

CATHERINE O'NEILL, INDIVIDUALLY AND AS EXECUTRIX AND TRUSTEE UNDER THE WILL OF JOHN I. O'NEILL, DECEASED, PLAINTIFF-APPELLANT, v. STATE HIGHWAY DEPARTMENT OF NEW JERSEY AND DWIGHT R.G. PALMER, COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 26, 1962.

Attorney(s) appearing for the Case

Mr. John C. Heavey, Jr. argued the cause for appellant (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. Heavey, on the brief).

Mr. Robert B. Kroner, Deputy Attorney General, argued the cause for respondents (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Miss Marilyn Loftus, Law Assistant, on the brief).

Before Judges GOLDMANN, FREUND and FOLEY.

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

This is an appeal from an interlocutory order of the Superior Court, Law Division, striking plaintiff's demand for jury trial in an action in lieu of prerogative writs, R.R. 4:88.

The complaint, in alternative counts, sought to eject defendants, the State Highway Department of New Jersey and its Commissioner, from her lands or to compel condemnation proceedings for the taking of this property...

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