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TRAP ROCK INDUSTRIES, INC. v. SAGNER

69 N.J. 599 (1976)

355 A.2d 636

TRAP ROCK INDUSTRIES, INC., A NEW JERSEY CORPORATION, RESPONDENT, v. ALAN SAGNER, COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION, APPELLANT.

The Supreme Court of New Jersey.

Decided March 23, 1976.

Attorney(s) appearing for the Case

Mr. Richard L. Rudin, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Rudin, on the brief).

Mr. Justin P. Walder argued the cause for respondent (Messrs. Walder, Steiner, Sondak and Evenchick, attorneys; Mr. Walder, of counsel and on the brief).

PER CURIAM.

Three members of the Court vote to affirm substantially for the reasons expressed by the Appellate Division and three members of the Court would reverse for the reasons expressed in the separate opinion of Justice Mountain. The Court being equally divided, the judgment of the Appellate Division is affirmed.

MOUNTAIN, J.

Three members of this equally divided Court vote to affirm the decision of the Appellate Division substantially for the...

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