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BOROUGH OF PARAMUS v. MARTIN PAINT STORES, INC.

128 N.J. Super. 138 (1974)

319 A.2d 256

BOROUGH OF PARAMUS, N.J., PLAINTIFF-APPELLANT, v. MARTIN PAINT STORES, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Submitted for Determination April 9, 1974.

Decided April 30, 1974.

Attorney(s) appearing for the Case

Mr. Marvin Olick argued for appellant (Messrs. Gruen, Sorkow & Sorkow, attorneys).

Mr. Martin A. Spritzer argued for respondent.

Before Judges COLLESTER, LYNCH and MICHELS.

PER CURIAM.

The Borough of Paramus appeals from a judgment of the Bergen County Court which reversed the Municipal Court conviction of defendant, Martin Paint Stores, Inc., for violation of the Borough's ordinance which prohibited "wordly employment or business" on certain holidays. By an opinion reported at 121 N.J.Super. 595 (Cty. Ct. 1972), County Court Judge Gelman held that the subject matter of the ordinance was preempted...

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