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TAGMIRE v. ATLANTIC CITY

35 N.J. Super. 11 (1955)

113 A.2d 59

FRANK J. TAGMIRE AND NATHAN WOLFSON, PLAINTIFFS-CROSS-APPELLANTS, v. THE CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; MEREDITH B. KERSTETTER, ASSISTANT DIRECTOR OF PUBLIC SAFETY OF THE CITY OF ATLANTIC CITY, AND DR. SAMUEL L. SALASIN, HEALTH OFFICER OF THE CITY OF ATLANTIC CITY, DEFENDANTS-CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 1955.

Attorney(s) appearing for the Case

Mr. Isaac C. Ginsburg argued the cause for plaintiffs-cross-appellants.

Mr. Chaim H. Sandler argued the cause for defendants-cross-respondents (Mr. Murray Fredericks, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Involved in this appeal is the right of honorably discharged veterans to hawk, peddle or vend on the public beaches of Atlantic City. Defendants appeal from that part of the order of the Chancery Division entered in favor of plaintiffs declaring invalid section 16 of Atlantic City Ordinance No. 19 regulating hawkers, peddlers and vendors; and ordering the issuance of a hawker's, peddler's

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