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STATE v. NEW JERSEY ZINC CO.

40 N.J. 560 (1963)

193 A.2d 244

STATE OF NEW JERSEY, ACTING BY AND THROUGH H. MAT ADAMS, COMMISSIONER OF THE DEPARTMENT CONSERVATION AND ECONOMIC DEVELOPMENT, PLAINTIFF-RESPONDENT, v. NEW JERSEY ZINC CO., ET AL., DEFENDANTS, AND FRED FERBER AND HEDWIG FERBER, HIS WIFE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 30, 1963.

Attorney(s) appearing for the Case

Mr. John W. Griggs argued the cause for defendants-appellants (Messrs. Morrison, Lloyd & Griggs, attorneys; Mr. Griggs, of counsel; Mr. Bruce M. Ramer, on the brief).

Mr. Henry Sevrin, Deputy Attorney General, argued the cause for plaintiff-respondent (Mr. Arthur J. Sills, Attorney General of the State of New Jersey, attorney).

Mr. Joseph Keane made a statement on behalf of defendant New Jersey Zinc Co. (Messrs. Milton, Keane & DeBona, attorneys).

The opinion of the court was delivered by HALL, J.

Is the holder of an option on real property which is the subject of a condemnation proceeding, not exercised before the commencement of the proceeding, entitled to be made or become a party and to participate therein? The Law Division held in the negative and the optionee's appeal to the Appellate Division was certified on our motion before argument there.

The question is a narrow one on its face and is even...

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