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PASSAVANT CORP. v. U. S. ENVIRONMENTAL PROTECTION

Civ. No. 79-1383.

477 F.Supp. 1200 (1979)

PASSAVANT CORPORATION, the Hyman and Fannie Besser Foundation, and Albert G. Besser, as Executor of the Estate of Hyman Besser, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION II, Eckardt C. Beck, Regional Administrator, Passaic Valley Sewerage Commission, Courter & Company, and Performance Systems, Inc., Defendants.

United States District Court, D. New Jersey.

October 2, 1979.

Attorney(s) appearing for the Case

Robert C. Epstein, Hannoch, Weisman, Stern & Besser, P. A., Newark, N. J., for plaintiffs.

James V. Segreto, Segreto & Segreto, Haledon, N. J., for defendant Passaic Valley Sewerage Commission.

Alfred J. Kovell, Wood Ridge, N. J., for defendant Performance Systems, Inc.

Robert C. Benisch, Berman, Paley, Goldstein & Berman, New York City, for defendant Courter & Co.

Lee R. Tyner, Sp. Asst. U. S. Atty., Robert J. Del Tufo, U. S. Atty., Newark, N. J., for federal defendant.

BIUNNO, District Judge.

Passaic Valley Sewerage Commission (PSVC) is an agency of the State of New Jersey, performing public functions, Brickett v. Lagay, 134 N.J.L. 1, 45 A.2d 804 (E. & A., 1946). The District was created by N.J. P.L. 1902, c. 48, and the applicable statutes are found in N.J.S.A. 58:14-1, et seq. Its territorial boundaries encompass those parts of Essex, Passaic, Bergen and Hudson counties described by metes and bounds in N.J. S.A. 58...

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