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GOLD v. CITY COUNCIL OF CITY OF TRENTON

121 N.J. Super. 137 (1972)

296 A.2d 327

JACK GOLD AND IRWIN GOLDSTEIN, t/a THE FRAZIER MARKET, PLAINTIFFS-APPELLANTS, v. THE CITY COUNCIL OF THE CITY OF TRENTON, A MUNICIPAL CORP. OF NEW JERSEY, DEFENDANT-RESPONDENT. AND JOHN F. FUNDIN, PLAINTIFF-APPELLANT, v. THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF LAWRENCE, A MUNICIPAL CORP. OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1972.

Attorney(s) appearing for the Case

Messrs. Schragger, Schragger & Lavine, attorneys for appellants (Messrs. Frederic J. Schragger and Raymond L. Nagy, on the brief).

Mr. Robert A. Gladstone, attorney for respondent City Council of the City of Trenton.

Messrs. Jamieson, Walsh, McCardle, Moore & Peskin, attorneys for respondent Township Committee of the Township of Lawrence (Mr. Raymond B. Demski, on the brief).

Before Judges LABRECQUE, KOLOVSKY and MATTHEWS.

The opinion of the court was delivered by KOLOVSKY, J.A.D.

Plaintiffs appeal from judgments sustaining the validity of ordinances adopted by defendant municipalities which provide in pertinent part that it shall be unlawful for any food dealer in the respective municipality

* * * to sell or offer or expose for sale, at retail any sealed, prepackaged, unprocessed or untreated fresh or frozen cut meat or fowl unless the package is colorless and transparent on...

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