FASS v. ROOS

Civ. A. No. 1060-59.

221 F.Supp. 448 (1963)

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

United States District Court D. New Jersey.

June 24, 1963.


Attorney(s) appearing for the Case

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

David D. Furman, Atty. Gen. of N. J., Trenton, N. J., Samuel L. Hirschberg, West New York, N. J., for defendant.

Before McLAUGHLIN, Circuit Judge, and COOLAHAN and COHEN, District Judges.


McLAUGHLIN, Circuit Judge.

This is the aftermath of a New Jersey Sunday Closing Law case which has been fully and fairly litigated and completely resolved. It is prosecuted in good faith but at this stage, it, at the very least, shapes up as bordering on the frivolous.

It started out as a deliberate test case of the New Jersey Sunday Closing Law, N.J.S.A. 2A:171-5.8 to 171-5.18. There were two plaintiffs at that time, Dave and David Fass. They owned a retail...

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