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COAST CIGARETTES SALES v. MAYOR, COUN., LONG BR.

121 N.J. Super. 439 (1972)

297 A.2d 599

COAST CIGARETTES SALES, INC. AND MAJESTIC CIGARETTES SALES, INC., PLAINTIFFS, v. THE MAYOR AND CITY COUNCIL OF THE CITY OF LONG BRANCH; THE CITY CLERK OF THE CITY OF LONG BRANCH; CHIEF OF POLICE OF THE CITY OF LONG BRANCH AND THE SUPERVISOR OF LICENSES OF THE CITY OF LONG BRANCH, DEFENDANTS. COAST CIGARETTES SALES, INC. AND MAJESTIC CIGARETTES SALES, INC., PLAINTIFFS, v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN, THE TOWNSHIP CLERK OF THE TOWNSHIP OF MIDDLETOWN AND CHIEF OF POLICE OF THE TOWNSHIP OF MIDDLETOWN, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 29, 1972.

Attorney(s) appearing for the Case

Mr. Peter W. Kenny argued the cause for plaintiffs (Messrs. Reussille, Cornwell, Mausner & Carotenuto, Attorneys).

Mr. Robert L. Mauro argued the cause for defendants, The Mayor and City Council of the City of Long Branch, The City Clerk of the City of Long Branch, Chief of Police of the City of Long Branch and The Supervisor of Licenses of the City of Long Branch.

Mr. John H. Deppeler, III, argued the cause for defendants, The Mayor and Township Committee of the Township of Middletown, The Township Clerk of the Township of Middletown and Chief of Police of the Township of Middletown (Mr. Peter P. Frunzi, Jr., Attorney).

LANE, J.S.C.

These actions in lieu of prerogative writs challenging the validity of defendants' ordinances requiring licensing and a license fee for plaintiffs' cigarette vending machines are before the court on final hearing.

The issues set forth in the pretrial order are:

(1) Are the ordinances invalid on the ground that the field has been pre-empted by the Cigarette Tax Act, N.J.S.A. 54:40A...

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