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DEPT. OF HEALTH v. CONCRETE SPECIALTIES, INC.

112 N.J. Super. 407 (1970)

271 A.2d 595

DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CONCRETE SPECIALTIES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1970.

Attorney(s) appearing for the Case

Mr. Stephen Gordon, Deputy Attorney General, argued the cause for appellant (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Samuel D. Bornstein, Deputy Atty. Gen., of counsel and on the brief).

Mr. Kenneth F. Kunzman argued the cause for respondent (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys).

Before Judges LEWIS, MATTHEWS and MINTZ.

PER CURIAM.

Plaintiff Department of Health (Department) appeals from a judgment dismissing its complaint wherein it sought the recovery of a statutory penalty for $2500 against the defendant for discharging polluting smoke into the air.

N.J.S.A. 26:2C-8 provides, in part, that the Department is empowered to "formulate and promulgate, amend and repeal codes and rules and regulations preventing, controlling and prohibiting air pollution throughout the...

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