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ACKERMAN DAIRY INC. v. KANDLE

54 N.J. 71 (1969)

253 A.2d 466

ACKERMAN DAIRY INC., A NEW JERSEY CORPORATION, ARTHUR CHACANIOS AND JOHN STOKES, PLAINTIFFS, v. ROSCOE P. KANDLE, COMMISSIONER OF THE DEPARTMENT OF HEALTH OF THE STATE OF NEW JERSEY, AND ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided May 19, 1969.

Attorney(s) appearing for the Case

Mr. Justin P. Walder argued the cause for plaintiffs (Messrs. Schapira, Steiner & Walder, attorneys; Mr. Jeffrey Barton Cahn on the brief).

Mr. Joseph A. Hoffman, Assistant Attorney General, argued the cause for defendants (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Deputy Attorney General, of counsel; Mr. Herbert K. Glickman, Deputy Attorney General, on the brief).

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

On June 14, 1968 plaintiffs filed a two-count complaint in the Superior Court, seeking to enjoin the enforcement of the "Milk Dating Law." N.J.S.A. 24:10-57.23. The first count alleged that the statute had been passed by the State Senate in a manner contrary to the New Jersey Constitution and contrary to common law. The second count raised various constitutional...

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