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SANITARY VENDORS, INC. v. BYRNE

40 N.J. 157 (1963)

190 A.2d 876

SANITARY VENDORS, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. BRENDAN T. BYRNE, PROSECUTOR OF ESSEX COUNTY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 6, 1963.

Attorney(s) appearing for the Case

Mr. David Schechner argued the cause for the appellant.

Mr. John J. Bergin, Assistant Attorney General, argued the cause for the respondents (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Evan William Jahos, on the brief).

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

The plaintiff filed a complaint in the Law Division seeking a declaration that N.J.S. 2A:170-76 is unconstitutional and other relief. From an adverse judgment it appealed to the Appellate Division and we certified before argument there.

The plaintiff is engaged in the automatic vending machine business and from time to time has installed its machines at various locations throughout the State. The...

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