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NORTH JERSEY SUBURBANITE CO., INC. v. STATE

154 N.J. Super. 126 (1977)

381 A.2d 34

THE NORTH JERSEY SUBURBANITE CO., INC., PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, v. NEW JERSEY PRESS ASSOCIATION, DEFENDANT-INTERVENOR AND RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1977.

Attorney(s) appearing for the Case

Mr. Laurence B. Orloff argued the cause for appellant (Messrs. Orloff, Lowenbach, Stifelman & Siegel, attorneys).

Mr. Lawrence Weintraub argued the cause for defendant-intervenor and respondent (Messrs. Seiffert, Frisch, Gruber & Cafferty, attorneys; Mr. Thomas J. Cafferty of counsel and on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for defendant-respondent, filed a statement in lieu of brief (Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. John F. Shoosmith, Jr., Deputy Attorney General, on the brief).

Before Judges CONFORD, MICHELS, and PRESSLER.

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

Plaintiff North Jersey Suburbanite Co., Inc., the publisher of a periodical in tabloid form distributed weekly and free of charge in 14 Bergen County municipalities, appeals from a declaratory judgment adjudicating the constitutionality of N.J.S.A. 35:1-2.1 and 2.2, which prescribe, respectively, the qualifications of newspapers eligible to publish the statutorily mandated public notices of State Government...

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