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PET DEALERS ASS'N v. DIV. OF CONSUMER AFFAIRS

149 N.J. Super. 235 (1977)

373 A.2d 688

PET DEALERS ASSOCIATION OF NEW JERSEY, INC., A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. DIVISION OF CONSUMER AFFAIRS, DEPARTMENT OF LAW AND PUBLIC SAFETY, STATE OF NEW JERSEY AND VIRGINIA LONG ANNICH, DIRECTOR OF DIVISION OF CONSUMER AFFAIRS, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1977.

Attorney(s) appearing for the Case

Mr. James M. Bell argued the cause for appellant (Messrs. Nolan, Lynes, Bell & Moore, attorneys; Messrs. Bell and William F. McEnroe, on the briefs).

Mr. Douglas J. Harper, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Lewis P. Goldshore, Deputy Attorney General, on the brief).

Before Judges LYNCH, MILMED and ANTELL.

PER CURIAM.

By this appeal Pet Dealers Association of New Jersey, Inc. challenges the validity of the Attorney General's regulations governing the sale of pet cats and dogs adopted pursuant to the Consumer Fraud Act, N.J.S.A. 56:8-4.

Pet Dealers first contends that the regulations in question conflict with Article 2 of the Uniform Commercial Code (N.J.S.A. 12A:2-101 et seq.) in that the regulations provide the consumer with broader remedies...

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