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I.H.R.A.C. v. DIAMOND SHAMROCK CHEM. CO.

216 N.J. Super. 166 (1987)

523 A.2d 250

IRONBOUND HEALTH RIGHTS ADVISORY COMMISSION, ET AL., PLAINTIFFS-RESPONDENTS, v. DIAMOND SHAMROCK CHEMICAL COMPANY, ET AL., DEFENDANTS-RESPONDENTS, AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, NEW JERSEY DEPARTMENT OF HEALTH, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 1987.

Attorney(s) appearing for the Case

Richard Engel, Deputy Attorney General, argued the cause for appellants (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Richard Engel, on the brief).

Michael Gordon argued the cause for respondents (Gordon & Gordon, attorneys; Timothy S. Haley, on the brief).

Susan Remis Silver, Assistant Deputy Public Advocate, argued the cause for the Public Advocate, amicus curiae (Alfred A. Slocum, Public Advocate, attorney).

Before Judges ANTELL, BRODY and LONG.

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

This appeal arises out of a suit filed by plaintiffs, Ironbound Health Rights Advisory Commission, et al. (IHRAC) against defendants, Diamond Shamrock Chemical Company (Diamond Shamrock), the New Jersey Department of Environmental Protection (DEP) and the New Jersey Department of Health (DOH)1 (collectively, the State). The State here claims that the trial judge exceeded his...

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