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SAMUEL BRAEN, INC. v. MAYOR AND GENERAL COUNCIL OF WALDWICK

28 N.J. 476 (1958)

147 A.2d 40

SAMUEL BRAEN, INC., AND BRAEN SAND AND GRAVEL CO., CORPORATIONS OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. MAYOR AND GENERAL COUNCIL OF THE BOROUGH OF WALDWICK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 22, 1958.

Attorney(s) appearing for the Case

Mr. Frank J. Glock argued the cause for appellants (Mr. Guy W. Calissi, attorney).

Mr. Daniel Amster argued the cause for respondent.

The opinion of the court was delivered by WACHENFELD, J.

On December 26, 1957 the Borough of Waldwick passed an ordinance which provided that no commercial vehicles having a combined gross weight of vehicle and load in excess of five tons should be permitted to use any municipally owned streets, with the exception of East Prospect Street between Franklin Turnpike and State Highway 17, where only trucks having a gross loaded weight of 15 tons or under would be permitted...

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