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EVANS-ARISTOCRAT INDUSTRIES, INC. v. NEWARK

75 N.J. 84 (1977)

380 A.2d 268

EVANS-ARISTOCRAT INDUSTRIES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. CITY OF NEWARK, DEFENDANT, AND PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THIRD PARTY DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 7, 1977.

Attorney(s) appearing for the Case

Mr. Hugh H. Welsh argued the cause for appellant (Mr. Francis A. Mulhern, attorney).

Mr. David Landau argued the cause for respondent (Messrs. Hellring, Lindeman, Landau and Siegal, attorneys).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for respondent Attorney General of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman, of counsel and on the brief; Mr. Morton Goldfein, Deputy Attorney General, on the brief).

The opinion of the court was delivered by HANDLER, J.

The main issue in the case is whether a private litigant is entitled to maintain an action for injunctive relief against the Port Authority of New York and New Jersey under N.J.S.A. 32:1-161 where the Attorney General, although neither commencing the original action nor intending to participate as an active litigant, seeks to intervene after a review of the merits...

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