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CHRISTIAN SCIENCE BD. OF DIRECTORS v. EVANS

105 N.J. 297 (1987)

520 A.2d 1347

THE CHRISTIAN SCIENCE BOARD OF DIRECTORS OF THE FIRST CHURCH OF CHRIST, SCIENTIST, IN BOSTON, MASSACHUSETTS, AND THE BOARD OF TRUSTEES OF THE CHRISTIAN SCIENCE PUBLISHING SOCIETY, PLAINTIFFS-APPELLANTS, v. DORIS W. EVANS, STEPHEN T. EVANS, ROY DOBBELAAR, JOANNE JANNUZZI, RUTH PFEIFER AND MARY BETH SINGLETERRY, AS MEMBERS OF THE BOARD OF TRUSTEES OF THE FIRST CHURCH OF CHRIST, SCIENTIST, PLAINFIELD, NEW JERSEY, AND THE FIRST CHURCH OF CHRIST, SCIENTIST, PLAINFIELD, NEW JERSEY, ALSO KNOWN AS THE INDEPENDENT CHRISTIAN SCIENCE CHURCH, PLAINFIELD, NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 23, 1987.

Attorney(s) appearing for the Case

Arthur J. Greenbaum, a member of the New York bar, argued the cause for appellants (McCarter & English, attorneys; Arthur J. Greenbaum and John L. McGoldrick, of counsel; John L. McGoldrick and Roslyn S. Harrison, on the briefs).

James J. Shrager argued the cause for respondents (Hannoch Weisman, attorneys; Miriam E. Cahn, on the brief).

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

Plaintiffs seek to enjoin defendants from using the phrase "Christian Science" as any part of the name of a church not affiliated with plaintiffs. The trial court granted injunctive relief, but the Appellate Division reversed, one judge dissenting, 199 N.J.Super. 160. Plaintiffs' appeal is therefore here as of right. R. 2:2-1(a)(2). We affirm.

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