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C.I.C. CORP. v. EAST BRUNSWICK TP.

135 N.J. 121 (1994)

638 A.2d 812

C.I.C. CORPORATION, A NEW JERSEY CORPORATION, COAST CIGARETTE SALES, INC., A NEW JERSEY CORPORATION, ESKIN VENDING CORPORATION, A NEW JERSEY CORPORATION, AND AMUSEMENT MUSIC OPERATORS ASSOCIATION, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF EAST BRUNSWICK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 31, 1994.

Attorney(s) appearing for the Case

Keith N. Biebelberg argued the cause for appellants (Biebelberg & Martin, attorneys; Mr. Biebelberg and Barry D. Maurer, on the briefs).

Bertram E. Busch argued the cause for respondent (Busch and Busch, attorneys; Mr. Busch and Kenneth A. Levine, of counsel and on the brief).

John M. Loalbo submitted a letter in lieu of brief on behalf of amici curiae Action on Smoking and Health and Group Against Smoking Pollution.

John G. Gilfillan submitted a brief on behalf of amicus curiae Tri-Agency Council (Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, attorneys).

PER CURIAM.

The judgment is affirmed, substantially for the reasons expressed in the opinion of the Appellate Division, reported at 266 N.J.Super. 1, 628 A.2d 753 (1993).

For affirmance — Chief Justice WILENTZ, and Justices HANDLER, POLLOCK, O'HERN, GARIBALDI and STEIN — 6.

For reversal...

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