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THE AMERICAN AGRICULTURAL, c., CO. v. MURPHY

Court of Errors and Appeals.
Sep 12, 1947

PER CURIAM.

This case is controlled by our decision to-day in the case of Brown v. Murphy, 136 N.J.L. 183 .

The only distinction is that the city, in this case, pursuant to statutory authority ( R.S. 40:179-34), established and constructed a seaport and industrial terminal and the lands of the respondents were incorporated therein, and that the city was given the power to condemn by R.S. 40:179-34.

The judgment under appeal is affirmed.

For affirmance — THE CHANCELLOR, BODINE, DONGES, COLIE, WACHENFELD, EASTWOOD, BURLING, WELLS, DILL, FREUND, McGEEHAN, McLEAN, JJ. 12.

For reversal — None.