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TEXAS EAST. TRANSM. CORP. v. WILDLIFE PRESERVES, INC.

89 N.J. Super. 1 (1965)

213 A.2d 193

TEXAS EASTERN TRANSMISSION CORPORATION, A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, PLAINTIFF, v. WILDLIFE PRESERVES, INC., A NEW JERSEY CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided August 26, 1965.

Attorney(s) appearing for the Case

Messrs. Jeffers & Mountain, attorneys for plaintiff.

Mr. Stuart A. Young, Jr., attorney for defendant.

LONG, J.C.C. (temporarily assigned).

In this condemnation case, defendant Wildlife Preserves, Inc., the owner of the land affected, resisted the condemnation on the ground that the premises in question were already devoted to a prior public use and were therefore not subject to condemnation by plaintiff. Defendant filed an answer to this effect and plaintiff moved to strike the answer on the ground that it failed to state a valid defense.

The answer sets up...

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