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Court Rules N.J. Tree Battle Merits Another Look

Law360 (June 7, 2007, 12:00 AM EDT) -- The U.S. Court of Appeals for the Third Circuit has kicked back down to a lower court a longstanding dispute between a New Jersey town and Duke Energy Corp. over the removal of fifty shade trees from a public avenue.

On Wednesday, the Third Circuit nullified the district court's previous ruling and remanded the case, handing a slew of New Jersey homeowners a setback in their ongoing crusade against the energy giant.

“Because we conclude that there are genuine issues of material fact as to whether...
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