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CONSOL. RAIL CORP. v. STATE, DIR. OF DIV. OF TAX.

19 N.J. Tax 378 (2001)

CONSOLIDATED RAIL CORPORATION, A PENNSYLVANIA CORPORATION, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DIRECTOR OF DIVISION OF TAXATION AND TOWN OF KEARNY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey Appellate Division.

Decided May 10, 2001.

Attorney(s) appearing for the Case

John K. Fiorilla, argued the cause for appellant (Watson, Stevens, Fiorilla & Rutter, attorneys; Mr. Fiorilla, Christine A. Roy and Leslie-Ann M. Justus, on the brief).

Julian F. Gorelli, Deputy Attorney General, argued the cause for respondent Director, Division of Taxation (John J. Farmer, Jr., Attorney General, attorney; Mark J. Fleming and Nancy Kaplen, Assistant Attorneys General, of counsel; Mr. Gorelli, on the brief).

Daniel J. Pollak, argued the cause for respondent Town of Kearny (Waters, McPherson, McNeill, attorneys; Mr. Pollak, on the brief).

Before Judges STERN, A.A. RODRIGUEZ and FALL.

PER CURIAM.

Plaintiff, Consolidated Rail Corporation (Conrail), appeals from an order entered in the Tax Court on December 3, 1999, denying its motion for summary judgment; granting summary judgment in favor of defendant, State of New Jersey, Director of Division of Taxation (Director), dismissing Conrail's complaint against the Director; and granting summary judgment in favor of defendant, Town of Kearny (Kearny), affirming the Essex County Board of Taxation's judgment...

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