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HERTZ WASHMOBILE SYSTEM v. SOUTH ORANGE

41 N.J. Super. 110 (1956)

124 A.2d 68

HERTZ WASHMOBILE SYSTEM, A CORPORATION OF NEW JERSEY, PLAINTIFF, v. THE VILLAGE OF SOUTH ORANGE, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided July 20, 1956.

Attorney(s) appearing for the Case

Messrs. Stoffer and Jacobs for the plaintiff (Mr. Joseph M. Jacobs appearing).

Messrs. McCarter, English & Studer for the defendant (Messrs. Ward J. Herbert and Donald S. Bowie, Jr., appearing).

WEINTRAUB, J.S.C.

Plaintiff seeks a declaration that a Sunday closing ordinance of defendant is invalid. The ordinance, adopted by a vote of 4 to 2, prohibits the operation of plaintiff's washmobile business along with certain other commercial activities on Sunday, under penalty of fine and imprisonment.

The issues are whether the ordinance (1) is beyond the police power of the municipality; (2) is discriminatory...

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