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EPSTEIN v. LORDI

Civ. No. 383-65.

261 F.Supp. 921 (1966)

Louis J. EPSTEIN and Julius Epstein t/a Stratford International Tobacco Co., Plaintiffs, v. Joseph P. LORDI, Director of the Division of Alcoholic Beverage Control of the Department of Law and Public Safety of New Jersey, Defendant.

United States District Court D. New Jersey.

December 14, 1966.

Attorney(s) appearing for the Case

Max Mehler and Harold Fisher, Newark, N. J., for plaintiffs.

Joseph A. Hoffman, Deputy Atty. Gen. of New Jersey, for defendant.

Before SMITH, Circuit Judge, and LANE and COOLAHAN, District Judges.

OPINION

COOLAHAN, District Judge:

I.

The plaintiffs bring this action pursuant to Sections 2281 and 2284 of Title 28, U.S.C. to enjoin the enforcement against their business of certain provisions of the New Jersey Alcoholic Beverage Law, N.J.S.A. 33:1-1 to 33:1-96. As the basis for an injunction, the complaint seeks a declaration that the state statute, as applied, is repugnant to the Commerce, Export-Import, and Supremacy clauses of the United...

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