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GILLHAUS BEVERAGE COMPANY, INC. v. LERNER

78 N.J. 499 (1979)

397 A.2d 307

GILLHAUS BEVERAGE COMPANY, INC., T/A FAVIN IMPORTERS & JAMES SLEIGH, LTD., ET AL., PLAINTIFFS, v. JOSEPH H. LERNER, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, ET AL., DEFENDANTS. IRVING HEIR, INDIVIDUALLY AND ON BEHALF OF A CLASS, PLAINTIFF-APPELLANT, v. JOSEPH H. LERNER, DIRECTOR, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, ET AL., DEFENDANTS-RESPONDENTS. JOHN J. GARRITY ET AL., PLAINTIFFS, v. JOSEPH H. LERNER, DIRECTOR, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, ET AL., DEFENDANTS.

The Supreme Court of New Jersey.

Decided January 11, 1979.

Attorney(s) appearing for the Case

Messrs. Harold H. Fisher and John Zen Jackson argued the cause for appellant (Messrs. Shanley & Fisher, attorneys).

Messrs. Alan Dexter Bowman and Carl A. Wyhopen, Deputy Attorneys General, argued the cause for respondents (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by SULLIVAN, J.

The appeal herein, taken as of right, by plaintiffs, involves a class action filed by Irving Heir, the holder of a solicitor's permit issued by the New Jersey Division of Alcoholic Beverage Control (Division). Plaintiff represents a class consisting of the members of the Wine and Liquor Salesmen of New Jersey Local 19, later expanded to include all licensed solicitors...

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