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NJ ASS'N OF TICKET BR. v. TICKETRON

226 N.J. Super. 155 (1988)

543 A.2d 997

NEW JERSEY ASSOCIATION OF TICKET BROKERS, PLAINTIFF-APPELLANT, AND BIRN-MAR TICKETS, INC. T/A THE TICKET BOX AND THE TICKET RACK, PLAINTIFF-RESPONDENT, v. TICKETRON, A DIVISION OF CONTROL DATA CORP., A DELAWARE CORP., AND THE NEW JERSEY SPORTS AND EXPOSITION AUTHORITY, DEFENDANTS-RESPONDENTS, AND IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF NEW JERSEY, AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS-THIRD-PARTY PLAINTIFFS, v. RICHARD BIRNBACK AND MICHAEL BIRNS, INDIVIDUALLY AND AS PRESIDENT, OFFICERS, DIRECTORS AND OWNERS OF BIRN-MAR TICKETS, INC., T/A THE TICKET BOX AND THE TICKET RACK, THIRD-PARTY-DEFENDANTS-RESPONDENTS (TWO CASES). NEW JERSEY ASSOCIATION OF TICKET BROKERS, PLAINTIFF-RESPONDENT, AND BIRN-MAR TICKETS, INC. T/A THE TICKET BOX AND THE TICKET RACK, PLAINTIFF-APPELLANT, v. TICKETRON, A DIVISION OF CONTROL DATA CORPORATION, A DELAWARE CORPORATION, AND THE NEW JERSEY SPORTS AND EXPOSITION AUTHORITY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1988.

Attorney(s) appearing for the Case

Glen J. Vida argued the cause for appellant New Jersey Association of Ticket Brokers.

David A. Biederman argued the cause for appellant Birn-Mar Tickets, Inc.

Andrea M. Silkowitz, Deputy Attorney General argued the cause for respondents Attorney General of New Jersey and State of New Jersey (Andrea M. Silkowitz, of counsel and on the brief).

No briefs were filed by respondents New Jersey Sports Exposition Authority, Ticketron, Richard Birnback and Michael Birns.

Before Judges MICHELS, GAYNOR and ARNOLD M. STEIN.

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

In these consolidated cases, plaintiffs challenge the validity and application of N.J.S.A. 56:8-26 et seq., the anti-ticket-scalping law enacted in 1983.

Plaintiffs, New Jersey Association of Ticket Brokers (Ticket), an unincorporated association of ticket brokers operating in New Jersey, and Birn-Mar Tickets, Inc. (Birn-Mar), a New Jersey corporation engaged in the business of ticket brokerage...

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