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CITY OF BRIDGETON v. B.P. OIL, INC.

146 N.J. Super. 169 (1976)

369 A.2d 49

CITY OF BRIDGETON, IN THE COUNTY OF CUMBERLAND, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. B.P. OIL, INC., A CORPORATION OF THE STATE OF OHIO, AUTHORIZED TO DO BUSINESS IN NEW JERSEY, AND ANDREWS OIL COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY. DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 17, 1976.

Attorney(s) appearing for the Case

Mr. Allan H. Harbert for plaintiff.

Mr. Ira G. Megdal for defendant B.P. Oil, Inc. (Messrs. Hyland, Davis & Reberkenny, attorneys).

Mr. Michael Brooke Fisher for defendant Andrews Oil Company, Inc. (Messrs. Lummis, Moore, Fisher, Pancari & Pagliughi, attorneys).

MILLER, J.C.C., Temporarily Assigned.

Two summary judgment motions have been brought in a case which presents the following factual situation. Defendants B.P. Oil Company, Inc. and Andrews Oil Company, Inc. are the owner and lessee, respectively, of real estate located in the City of Bridgeton. Leaks occurred in certain gasoline or fuel oil tanks located thereon. The City of Bridgeton used its employees to prevent the spread of the resulting oil spill. Its fire department...

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