PENTHOUSE INTERN., LTD. v. EASTMAN KODAK CO.


179 N.J. Super. 155 (1980)

430 A.2d 971

PENTHOUSE INTERNATIONAL, LTD., PLAINTIFF, v. EASTMAN KODAK COMPANY, DEFENDANT.

Superior Court of New Jersey, Chancery Division Bergen County.

Decided December 22, 1980.


Attorney(s) appearing for the Case

Patrick C. English argued the cause for plaintiff (Dines & English, attorneys).

William L. Dill, Jr., argued the cause for defendant (Stryker, Tams & Dill, attorneys).


LESTER, J.S.C.

This case comes before the court on cross-motions for summary judgment. The issue presented is whether a publisher of a magazine for men may require a private entrepreneur, processor of film, to develop and print film which the processor finds offensive, distasteful and, in fact, in violation of its corporate policy.

Defendant maintains that this is a contract case — one which may be decided on the narrow contract issue. Plaintiff, on...

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