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LEIMPETER'S DISP. SERV. v. MAYOR, COUN.

125 N.J. Super. 535 (1973)

312 A.2d 162

LEIMPETER'S DISPOSAL SERVICE, INC., A NEW JERSEY CORPORATION; AND JOHN F. LEIMPETER, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET; AND THE BOROUGH OF CARTERET, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 26, 1973.

Attorney(s) appearing for the Case

Mr. Peter J. Selesky argued the cause for appellants (Messrs. Selesky, Kolsky & Epstein, attorneys).

Mr. Joseph P. Schiappa argued the cause for respondents (Mr. Edward J. Dolan, attorneys; Mr. Sam Weiss, of counsel).

Before Judges CARTON, SEIDMAN and GOLDMANN.

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

Plaintiff Leimpeter's Disposal Service, Inc., a licensed solid waste collector whose place of business is located in the Borough of Carteret, and whose principal stockholder is plaintiff John F. Leimpeter (collectively referred to herein as "plaintiff"), filed a complaint in lieu of prerogative writs challenging the validity of an ordinance adopted by the governing body of the Borough of Carteret prohibiting...

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