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POMANOWSKI v. MONMOUTH CTY. BD. OF REALTORS

166 N.J. Super. 269 (1979)

399 A.2d 990

WAYNE C. POMANOWSKI, PLAINTIFF-RESPONDENT, v. MONMOUTH COUNTY BOARD OF REALTORS, A NEW JERSEY CORPORATION; MONMOUTH COUNTY MULTIPLE LISTING SERVICE, DEFENDANTS-APPELLANTS, AND NEW JERSEY ASSOCIATION OF REALTORS; NATIONAL ASSOCIATION OF REALTORS; WILLIAM G. KIRCHER; AND CHARLES DARRAH, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1979.

Attorney(s) appearing for the Case

Mr. C. Keith Henderson argued the cause for appellants (Messrs. Lautman, Rapson & Henderson, attorneys; Mr. Richard H. Mills on the brief).

Mr. Paul V. Strawinski argued the cause for respondent (Messrs. Organ & Strawinski, attorneys).

Mr. Robert J. Clark, Deputy Attorney General, argued the cause for amicus curiae Antitrust Section, Division of Criminal Justice, State of New Jersey (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Martha K. Kwitny (Deceased), Deputy Attorney General, of counsel and on the brief).

Before Judges FRITZ, BISCHOFF and MORGAN.

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

Defendants appeal from summary judgment entered below in favor of plaintiff, declaring defendants guilty of an unlawful restraint of trade and fashioning appropriate injunctive relief. 152 N.J.Super. 100 (Ch. Div. 1977). The context in which this appeal arrives is sufficiently set forth in the trial court opinion. As succinctly put there, and true here, "the issue before...

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