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DEPTFORD TP. v. WOODBURY TERRACE SEWERAGE CORP.

101 N.J. Super. 426 (1968)

244 A.2d 525

TOWNSHIP OF DEPTFORD, PLAINTIFF-APPELLANT, v. WOODBURY TERRACE SEWERAGE CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 1968.

Attorney(s) appearing for the Case

Mr. Alfred T. Sanderson argued the cause for appellant.

Mr. Sidney M. Schreiber argued the cause for respondent (Messrs. Schreiber & Lancaster, attorneys).

The Board of Public Utility Commissioners filed a brief amicus curiae (Mr. William Gural, Deputy Attorney General, on the brief; Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges GAULKIN, LEWIS and KOLOVSKY.

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

The township sued for specific performance of defendant's agreement to sell to the township certain of its property, its sewerage system "and all rights, privileges and franchises in and pertaining to the tract." The Chancery Division held that the contract was invalid because it had not been approved by the Public Utility Commission (hereafter P.U.C.) and dismissed the complaint. The township appeals. At...

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