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HEIR v. DEGNAN

82 N.J. 109 (1980)

411 A.2d 194

IRVING HEIR, INDIVIDUALLY AND ON BEHALF OF A CLASS CONSISTING OF ALL LICENSED WHOLESALE SOLICITORS OF ALCOHOLIC BEVERAGES OF THE STATE OF NEW JERSEY, WINE AND LIQUOR SALESMEN OF THE STATE OF NEW JERSEY, LOCAL 19, AND ALFRED M. D'AGOSTINI, INDIVIDUALLY, APPELLANTS, v. JOHN J. DEGNAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, JOSEPH H. LERNER, DIRECTOR, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY, AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY, RESPONDENTS. WINE & SPIRITS RETAILERS OF NEW JERSEY, INC., A NOT-FOR-PROFIT NEW JERSEY CORPORATION, THE PACKAGE SHOP, INC., A NEW JERSEY CORPORATION, JOCAR, INC., A NEW JERSEY CORPORATION, AND V.J.F. LIQUOR RETAILERS, INC., A NEW JERSEY CORPORATION, APPELLANTS, v. JOHN J. DEGNAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, JOSEPH H. LERNER, DIRECTOR, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY, AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY, RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 11, 1980.

Attorney(s) appearing for the Case

Martin F. Kronberg argued the cause for appellants Heir, et al. (Porzio and Bromberg and Martin F. Kronberg, attorneys; Myron J. Bromberg, Martin F. Kronberg and Carl Greenberg, of counsel; Martin F. Kronberg and Richard M. Chisholm, on the briefs).

Jonathan L. Goldstein argued the cause for appellants Wine & Spirits Retailers of New Jersey, Inc., et al. (Hellring, Lindeman, Goldstein and Siegel, attorneys; Jonathan L. Goldstein, of counsel; Charles Oransky, on the briefs).

John J. Degnan argued the cause for respondents (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, and Dennis P. O'Keefe, Deputy Attorney General, of counsel; Mart Vaarsi, Deputy Attorney General, on the brief).

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

These appeals are before this Court on direct certification granted while the matters were pending unheard in the Appellate Division. Involved is the validity of regulations adopted by the Director of the Division of Alcoholic Beverage Control (ABC). These regulations eliminate retail price maintenance in the alcoholic beverage industry except for sales below cost and otherwise modify significantly the previous...

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