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COUNTY OF BERGEN v. DEPT. OF PUB. UTIL. OF N.J.

117 N.J. Super. 304 (1971)

284 A.2d 543

COUNTY OF BERGEN, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY, APPELLANT, v. DEPARTMENT OF PUBLIC UTILITIES OF THE STATE OF NEW JERSEY AND WILLIAM E. OZZARD, PRESIDENT OF THE BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENTS. COUNTY OF BERGEN, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DEPARTMENT OF PUBLIC UTILITIES OF THE STATE OF NEW JERSEY AND WILLIAM E. OZZARD, PRESIDENT OF THE BOARD OF PUBLIC UTILITY COMMISSIONERS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1971.

Attorney(s) appearing for the Case

Mr. Michael J. Ferrara, Bergen County Counsel for County of Bergen (Mr. James T. Murphy, Assistant Bergen County Counsel, of counsel).

Mr. George F. Kugler, Jr., Attorney General, attorney for Department of Public Utilities of the State of New Jersey, and William E. Ozzard, President of the Board of Public Utility Commissioners (Mr. Joseph W. Ferraro, Jr., Deputy Attorney General, of counsel and on the brief).

Before Judges KILKENNY, LABRECQUE and LANE.

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

These appeals are before us upon leave granted in each case.

Plaintiff Bergen County appeals from a determination by the Board of Public Utility Commissioners denying its motion to dismiss for lack of jurisdiction. Defendants Department of Public Utilities and William E. Ozzard, president of the Board of Public Utility Commissioners, appeal from a Law Division...

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