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SILVERSTEIN v. ABCO VENDING SERVICE

37 N.J. Super. 439 (1955)

117 A.2d 527

NATHAN SILVERSTEIN, ET AL., ETC., PLAINTIFFS-RESPONDENTS, v. ABCO VENDING SERVICE, INC., ETC., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1955.

Attorney(s) appearing for the Case

Mr. Edward R. McGlynn argued the cause for defendants-appellants (Mr. Jack Feinberg, attorney).

Mr. Seymour Margulies argued the cause for plaintiffs-respondents (Mr. Maurice C. Brigadier and Mr. Sol Schulman, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiffs ("Silco" hereinafter) conduct a cigarette vending machine business. They contract for the placement of machines in such locations as taverns and restaurants. Their complaint alleges in effect that the defendant Abco Vending Service, Inc. ("Abco" hereinafter), a competitor, has been pirating their customers throughout Hudson County. Fifty of these have been joined as defendants. The complaint recites...

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