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SPERRY AND HUTCHINSON CO. v. MARGETTS

15 N.J. 203 (1954)

104 A.2d 310

THE SPERRY AND HUTCHINSON COMPANY, PLAINTIFF-RESPONDENT, v. WALTER T. MARGETTS, JR., TREASURER OF THE STATE OF NEW JERSEY, AARON K. NEELD, DEPUTY DIRECTOR OF THE DIVISION OF TAXATION IN THE DEPARTMENT OF THE TREASURY, ARMAND J. SALMON, JR., STATE SUPERVISOR OF MOTOR FUELS TAX BUREAU IN THE DIVISION OF TAXATION IN THE DEPARTMENT OF THE TREASURY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued February 15, 1954.

Decided April 5, 1954.

Attorney(s) appearing for the Case

Mr. Joseph A. Murphy, Assistant Deputy Attorney-General, and Mr. Sanford Freedman argued the cause for appellants (Mr. Theodore D. Parsons, Attorney-General, and Mr. Samuel Kaufman, on the brief).

Mr. Samuel M. Lane, of the New York Bar, by leave of court, argued the cause for respondent (Mr. James J. Langan and Mr. William S. Beinecke, the latter of the New York Bar, on the brief; Messrs. Emory, Langan & Lamb, attorneys).

The opinion of the court was delivered by HEHER, J.

We inquire here as to whether the use of plaintiff's long-established trading stamp discount system by retailers of motor fuel would constitute a violation of L. 1938, c. 163, as amended by L. 1939, c. 62, and L. 1952, c. 258, N.J.S.A. 56:6-2, directing: (a) the posting as therein provided of the price per gallon of motor fuel sold by such retailers from a pump or...

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