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TUBULAR SERVICE CORP. v. COMMR. STATE HIGHWAY DEPT.

77 N.J. Super. 556 (1963)

187 A.2d 201

TUBULAR SERVICE CORPORATION, A NEW YORK CORPORATION, PLAINTIFF-APPELLANT, v. COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 3, 1963.

Attorney(s) appearing for the Case

Mr. Conrad W. Krafte argued the cause for appellant (Mr. Sheldon M. Liebowitz, attorney).

Mr. Theodore I. Botter, First Assistant Attorney General, argued the cause for respondent (Mr. Arthur J. Sills. Attorney General of New Jersey, attorney; Mr. Paul G. Levy, Law Assistant, on the brief).

Before Judges CONFORD, GAULKIN and KILKENNY.

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

This appeal is from the grant of summary judgment in favor of the defendant as against plaintiff's complaint, first count, demanding condemnation by the State of its property on the ground of alleged deprivation of its use by the State Highway Department in the course of regulation of traffic on Tonnele Avenue, North Bergen, whereon the property abuts. The second and third counts of the complaint, seeking...

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