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PENTHOUSE INT'L LTD. v. EASTMAN KODAK CO.

184 N.J. Super. 130 (1982)

445 A.2d 428

PENTHOUSE INTERNATIONAL LTD., PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. EASTMAN KODAK COMPANY, DEFENDANT-RESPONDENT, CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 1982.

Attorney(s) appearing for the Case

Patrick C. English argued the cause for plaintiff-appellant (Dines & English, attorneys; Patrick C. English on the briefs).

William L. Dill, Jr. argued the cause for defendant-respondent (Stryker, Tams & Dill, attorneys; Charles H. Friedrich on the brief).

Before Judges MATTHEWS, PRESSLER and PETRELLA.

PER CURIAM.

The judgment of the Chancery Division is affirmed substantially for the reasons expressed by Judge Lester in his opinion which is reported in 179 N.J.Super. 155.

Absent proof that the process of defendant is akin to a monopoly or constitutes by analogy a public utility, we agree that defendant may assert the conditions here involved when accepting film for...

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