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KIMMELMAN v. HENKELS & MC COY, INC.

208 N.J. Super. 508 (1986)

506 A.2d 381

IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. HENKELS & MC COY, INC., DEFENDANT-RESPONDENT, AND CROSS-APPELLANT; AGABITI BROTHERS, INC.; ARMANDO AGABITI; AND STRACO CONSTRUCTION CO., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1986.

Attorney(s) appearing for the Case

Laurel A. Price, Deputy Attorney General. argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Michael G. Brennan argued the cause for respondent, Henkels & McCoy (White & Uzdavinis, attorneys; Steven A. Asher, of Philadelphia bar, of counsel pro hac vice.)

Before Judges FURMAN, PETRELLA and COHEN.

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

The Attorney General appealed from certain aspects of the order granting him summary judgment against defendants Henkels & McCoy, Inc. (H & M) and Agabiti Brothers, Inc.1 in a civil antitrust action. The issues on this appeal concern the available remedies under the New Jersey Antitrust Act, N.J.S.A. 56:9-1, et seq. Specifically, the Attorney General challenges...

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