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N.J. DEPT. OF TRANSP. v. BRZOSKA

139 N.J. Super. 510 (1976)

354 A.2d 650

NEW JERSEY DEPARTMENT OF TRANSPORTATION, DIVISION OF AERONAUTICS, PLAINTIFF-RESPONDENT, v. THOMAS BRZOSKA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1976.

Attorney(s) appearing for the Case

Mr. Angelo P. Mone argued the cause for appellant (Messrs. Koransky & Mone, attorneys; Mr. Arthur D. Fialk on the brief).

Mr. Remo M. Croce, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Remo M. Croce and Mr. Robert King, Deputy Attorneys General, on the brief).

Before Judges MATTHEWS, LORA and MORGAN.

PER CURIAM.

Defendant, a federally certified flight instructor, was unable to procure a fixed base operator's license permitting him to give flight instructions at the Linden Airport because the owner of the airport refused to supply him with written permission to do so. He concededly violated N.J.S.A. 6:1-43 by giving such instructions without the license in order to challenge the constitutionality of the administrative...

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