CUMBERLAND FARMS, INC. v. MOFFETT


218 N.J. Super. 331 (1987)

527 A.2d 913

CUMBERLAND FARMS, INC., AND PENN VALLEY FARMS, INC., PLAINTIFFS-APPELLANTS, v. WOODSON W. MOFFETT, JR., INDIVIDUALLY AND AS DIRECTOR, DIVISION OF DAIRY INDUSTRY, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT. IN THE MATTER OF THE REVOCATION OF THE LICENSE OF ALLEN R. CASE, T/A THE CORNER STORE, BAPTISTOWN, NEW JERSEY.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1987.


Attorney(s) appearing for the Case

Sheldon A. Weiss argued the cause for appellant Cumberland Farms, Inc.

Edmund R. Bernhard argued the cause for appellant Allen R. Case (Bernhard, Durst & Dilts, attorneys; Edmund R. Bernhard, on the brief).

Gregory Romano, Deputy Attorney General, argued the cause for respondent Woodson W. Moffett, Jr. (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Gregory Romano and Neil D. Magnus, Deputy Attorney General, on the brief).

Roland Morris, of the Pennsylvania Bar, admitted pro hac vice, argued the cause for amicus curiae New Jersey Milk Industry Assoc., Inc. (Sills, Beck, Cummis, Zuckerman, Radin, Tischman & Epstein, attorneys; Steven M. Goldman, of counsel; Steven M. Goldman and Jerald D. Baranoff, on the brief; Duane, Morris & Heckscher, of the Pennsylvania Bar; Roland Morris, David C. Toomey and Dean C. Waldt, of the Pennsylvania Bar, of counsel and on the brief).

Before Judges MICHELS, O'BRIEN and LANDAU.


The opinion of the court was delivered by LANDAU, J.S.C. (t/a).

These are consolidated appeals which raise certain common questions respecting the regulation of milk sales in New Jersey. This marks yet another chapter in the long legislative and litigation history of this embattled industry.

Proceeding under R. 2:2-3(a)(2) Cumberland Farms, Inc. (Cumberland) challenges rules promulgated by the Division...

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