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FASS v. ROOS

Civ. A. No. 1060-59.

184 F.Supp. 353 (1960)

Dave FASS et al., Plaintiffs, v. Frederick ROOS et al., Defendants.

United States District Court D. New Jersey.

June 2, 1960.

Attorney(s) appearing for the Case

Joseph L. Freiman, Union City, N. J., for plaintiffs.

Samuel L. Hirschberg, West New York, N. J., for defendants Roos and Casper.

David D. Furman, Atty. Gen. of New Jersey, pro se and for defendant Whipple.

Charles Crabbe Thomas, Camden, N. J., for amicus curiae, American Civil Liberties Union, South Jersey Chapter.

Before McLAUGHLIN, Circuit Judge, and HARTSHORNE and MORRILL, District Judges.

McLAUGHLIN, Circuit Judge.

In this case, which attacks the constitutionality of the 1959 New Jersey Sunday Closing Act (N.J.S.A. 2A:171-5.8 to 5.18), on December 11, 1959, we denied an application for a preliminary injunction. At that time the New Jersey case calling for a construction of the Act, Two Guys From Harrison, Inc., et al. v. Furman, 1959, 58 N.J.Super. 313, 156 A.2d 57, was on...

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