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DEPT. OF TRANSPORTATION v. PSC RESOURCES, INC.

159 N.J. Super. 154 (1978)

387 A.2d 393

DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. PSC RESOURCES, INCORPORATED, A DELAWARE CORPORATION, SUCCESSOR OF PHILLIPS RESOURCES, INC., A DELAWARE CORPORATION, BY CHANGE OF NAME ON JANUARY 16, 1974, AND DIAMOND HEAD OIL REFINING COMPANY, INCORPORATED, A DISSOLVED NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 10, 1978.

Attorney(s) appearing for the Case

Mr. John J. Degnan, Attorney General of New Jersey, for plaintiff (Mr. Gary Christopher Hess, Deputy Attorney General, attorney).

Mr. Charles F. Mandell for defendant PSC Resources, Incorporated.

GERONIMO, J.S.C.

The court is presented with three motions brought by plaintiff and defendant PSC Resources, Inc. Codefendant Diamond Head Oil Refining Company is in default and not involved in these motions, so that all references to defendant pertain only to PSC.

The motions are (1) by plaintiff to strike defendant's counterclaim; (2) by plaintiff to strike defendant's eleventh affirmative defense, and (3) by defendant to dismiss the sixth count of the complaint...

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