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ENVIRONMENTAL PROTECT. DEP'T. v. VENTRON CORP.

182 N.J. Super. 210 (1981)

440 A.2d 455

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-APPELLANT, v. VENTRON CORPORATION, A MASSACHUSETTS CORPORATION; WOOD RIDGE CHEMICAL CORPORATION, A NEVADA CORPORATION; ROBERT M. WOLF & RITA W. WOLF, HIS WIFE; UNITED STATES LIFE INSURANCE COMPANY, A NEW YORK CORPORATION, VELSICOL CHEMICAL CORPORATION AND F.W. BERK AND COMPANY, INC., DEFENDANTS-APPELLANTS, AND ROVIC CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, BY ITS STATUTORY RECEIVER, JOSEPH KEANE, INTERVENOR-PLAINTIFF, v. VENTRON CORPORATION, A MASSACHUSETTS CORPORATION; WOOD RIDGE CHEMICAL CORPORATION, A NEVADA CORPORATION; VELSICOL CHEMICAL CORPORATION AND F.W. BERK & CO., INC., DEFENDANTS, AND MOBIL OIL CORPORATION, CHEVRON U.S.A., INC., TEXACO, INC., AND EXXON COMPANY U.S.A., FOREIGN CORPORATIONS AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY, SPILL COMPENSATION FUND, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1981.

Attorney(s) appearing for the Case

Ronald P. Heksch, Deputy Attorney General, argued the cause for appellant State of New Jersey, Department of Environmental Protection (James R. Zazzali, Attorney General, attorney; John J. Degnan, former Attorney General; Erminie L. Conley, Assistant Attorney General, of counsel; Ronald P. Heksch and Mary C. Jacobson, Deputy Attorney General, on the brief).

Harry R. Hill, Jr. argued the cause for the appellants Ventron Corporation and Wood Ridge Chemical Corporation (Backes, Waldron & Hill, attorneys; Michael J. Nizolek on the brief).

Adrian M. Foley, Jr. and John F. Neary, argued the cause for Velsicol Chemical Corporation (Connell, Foley & Geiser, attorneys; John E. Neary, on the brief).

Murry D. Brochin argued the cause for appellants Robert M. Wolf and Rita W. Wolf (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys).

Barry H. Evenchick argued the cause for the New Jersey Spill Compensation Fund (Shanley & Fisher, attorneys; John J. Francis, Jr., and Richard A. Levao on the brief).

Before Judges BOTTER, ANTELL and FURMAN.

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

Interlocutory appeals and cross-appeals were brought from judgments in an action by the Department of Environmental Protection (DEP) resolving statutory and common law liability for the cleanup and removal of mercury pollution in and adjoining tide-flowed Berry's Creek in Bergen County. After a 55-day trial without a jury the trial judge determined that F.W. Berk & Company (Berk) was jointly and severally...

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