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STATE BY HIGHWAY COMM'R. v. SEAWAY, INC.

46 N.J. 376 (1966)

217 A.2d 313

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

The Supreme Court of New Jersey.

Decided February 21, 1966.

Attorney(s) appearing for the Case

Mr. William J. McCormack, Deputy Attorney General argued the cause for appellant, (Mr. Arthur J. Sills, Attorney General, attorney; Mr. Alan B. Handler, Deputy Attorney General, of counsel; Mr. McCormack, on the brief).

Mr. John Warren, Jr. argued the cause for respondents; (Messrs. Parsons, Canzona, Blair & Warren, attorneys; Mr. William G. Bassler, on the brief; Mr. Warren, of counsel).

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

Plaintiff appealed to the Appellate Division from a judgment of the Superior Court, Law Division awarding interest at four percent to Seaway, Inc. on a condemnation commissioners' award of $24,000 from June 15, 1962, the day the plaintiff took possession of Seaway's property, until July 2, 1964, the date stipulated by the parties as the date the plaintiff was ready to make payment. The rate of

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