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Vol. 3 No. 163 Decisions Released August 29, 1995 STATE COURT CASES CRIMINAL LAW AND PROCEDURE 14-2-6454 State v. Jose Carlos Gomez, App. Div. (13 pp.) Remand for entry of corrected judgment of conviction is required where trial court improperly imposed Violent Crimes Compensation Board penalties on conviction counts merged at sentencing. 14-3-6455 State v. Martin Berlow, Law Div. (11 pp.) Defendant who orally denied entry to a police officer who had no search warrant and then slammed and locked the door was exercising a Fourth Amendment right and may not be convicted of obstructing the administration of law under N.J.S.A. 2C:29-1a. [Approved for publication August 28, 1995.] TAXATION 35-5-6456 Pine Street Management, etc. v. City of East Orange, Tax Ct. (6 pp.) Municipality’s statutory right to set-off delinquent taxes against a refund due taxpayer takes priority over the statutory lien of taxpayer’s attorney, whose sole recourse is in a contract or quantum meruit suit against his client. [Approved for publication.] FEDERAL COURT CASES INSURANCE 23-7-6457 UTI Corp. v. Fireman’s Fund Ins. Co., et al., U.S. Dist. Ct. (62 pp.) In coverage suit by manufacturer against general liability and excess carriers, for reimbursement of costs for clean-up of solvents that leaked from underground storage tanks, insurers’ motions for summary judgment based, inter alia, on statute of limitations, laches, pollution exclusions, and other coverage issues, are denied. [Approved for publication.] 23-7-6458 UTI Corp. v. Fireman’s Fund Ins. Co., et al., U.S. Dist. Ct. (18 pp.) In coverage suit by manufacturer against general liability and excess carriers, a claim-handling agency for an insolvent umbrella carrier was not an indispensable party under Rule 19(b), although the language of the policy followed the same form as the defendant excess carrier’s policy, since, inter alia, a judgment in the suit would not preclude the absent party’s full assertion of its claims and defenses. [Approved for publication.]

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