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JOS. L. MUSCARELLE, INC. v. STATE, BY TRANSP. DEPT.

175 N.J. Super. 384 (1980)

418 A.2d 1310

JOSEPH L. MUSCARELLE, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. STATE OF NEW JERSEY, BY THE DEPARTMENT OF TRANSPORTATION AND THE COMMISSIONER OF TRANSPORTATION, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Reargued June 2, 1980.

Decided July 24, 1980.

Attorney(s) appearing for the Case

G. Frederick Blazure, Deputy Attorney General, argued the cause for appellant and cross-respondent (John J. Degnan, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel).

Dean A. Gaver argued the cause for respondent and cross-appellant (Hannoch, Weisman, Stern & Besser, attorneys).

Before Judges SEIDMAN, MICHELS and FURMAN.

The opinion of the court was delivered by MICHELS, J.A.D.

Defendant State of New Jersey, by the Department of Transportation and the Commissioner of Transportation (hereinafter sometimes collectively referred to as the "State"), appeals and plaintiff Joseph L. Muscarelle, Inc. (hereinafter "Muscarelle") cross-appeals from a judgment of the Law Division (1) directing the State to institute condemnation proceedings to fix the compensation to be paid Muscarelle for the...

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