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CITY OF ELIZABETH v. WINDSOR-FIFTH AVENUE

31 N.J. Super. 187 (1954)

106 A.2d 9

CITY OF ELIZABETH AND HENRY EINHORN, PLAINTIFFS-RESPONDENTS, v. WINDSOR-FIFTH AVENUE, INC., (TWO GUYS FROM HARRISON), ET AL., DEFENDANTS-APPELLANTS. CITY OF ELIZABETH AND ALBERT HERTZBERG, PLAINTIFFS-RESPONDENTS, v. WINDSOR-FIFTH AVENUE, INC., (TWO GUYS FROM HARRISON), ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 1954.

Attorney(s) appearing for the Case

Mr. Raymond A. Leahy argued the cause for plaintiffs-respondents.

Mr. Murray G. Simon argued the cause for defendants-appellants.

Before Judges CLAPP, SMALLEY and SCHETTINO.

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

The corporate defendant, known as Two Guys from Harrison, operating a chain of retail stores in New Jersey, including a store in Elizabeth, and perhaps three other defendants, employees of that store, were convicted in the Municipal Court of the City of Elizabeth of having violated an ordinance of that city. By the ordinance it is declared unlawful for any person to open or keep open, on Sunday and certain...

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