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GOULD v. MEMBERS OF N. J. DIV. OF W. P. & S.

Civ. A. No. 76-151.

431 F.Supp. 1237 (1977)

Jasper C. GOULD, Plaintiff, v. The MEMBERS OF the NEW JERSEY DIVISION OF WATER POLICY AND SUPPLY, Lilyan Schwartz, I. Ralph Fox, the Commissioner of the Division of Water Policy and Supply, Robert A. Roe; Robert Hardman, the Commonwealth Water Company; Harold Burd, American Water Works Service Company, Defendants.

United States District Court, D. New Jersey.

May 23, 1977.

Attorney(s) appearing for the Case

Martin L. Bush, Florham Park, N.J., Mark Lemle Amsterdam (N.Y.Bar), Rubin, Hanley & Amsterdam, New York City, for plaintiff.

William F. Hyland, Atty. Gen. of New Jersey by Stuart R. Meislik, Deputy Atty. Gen., Trenton, N.J., for State defendants.

Farrell, Eynon, Madden & Lundgren by David G. Eynon, Haddonfield, N.J., for defendants American Water Works Service Co., Commonwealth Water Co., and Harold Burd.

OPINION

CLARKSON S. FISHER, District Judge.

The Circuit Court of Appeals remanded this matter here for a determination of whether or not the appeal was timely filed.

The opinion of the Court of Appeals concerned itself with the return of the Notice of Appeal to the appellant because of a failure to pay the requisite fee.1 However, a different problem is revealed by this Court's review of the file and correspondence in...

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