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FRIED v. KERVICK

34 N.J. 68 (1961)

167 A.2d 380

SAM FRIED, PLAINTIFF-APPELLANT, v. JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 23, 1961.

Attorney(s) appearing for the Case

Mr. Edward B. Meredith argued the cause for plaintiff-appellant.

Mr. Murry Brochin, Deputy Attorney General, argued the cause for defendants-respondents (Mr. David D. Furman, Attorney General of New Jersey, attorney).

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

Plaintiff Sam Fried, a retail gasoline dealer, sought a Superior Court injunction restraining the enforcement of N.J.S.A. 56:6-2(a), (c), (d), (e), which regulates certain aspects of the retail sale of gasoline. The relief sought was predicated upon a claim that the statute is unconstitutional. The Chancery Division found otherwise and granted summary judgment for the defendant. Plaintiff's subsequent appeal...

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