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BORDEN'S, ETC., OF N.J. v. BOR. OF SOMERVILLE

36 N.J. Super. 104 (1955)

114 A.2d 788

BORDEN'S FARM PRODUCTS OF NEW JERSEY, INC., A CORPORATION OF NEW YORK, PLAINTIFF, v. THE BOARD OF HEALTH OF THE BOROUGH OF SOMERVILLE, AND WILLIAM R. SUTPHEN, SECRETARY THEREOF, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 2, 1955.

Attorney(s) appearing for the Case

Mr. Alfred I. Manson, Jr., for the plaintiff (Messrs. Pitney, Hardin & Ward, attorneys).

Mr. Edward B. Currie and Mr. Arthur B. Smith, for the defendants.

Mr. Grover C. Richman, Jr., Attorney-General (Mr. Joseph Lanigan, Deputy Attorney-General, appearing, filed brief in behalf of the Secretary of Agriculture, amicus curiae).

SMALLEY, J.S.C.

This action is in lieu of prerogative writ and seeks to set aside a resolution of the Board of Health of the Borough of Somerville (sometimes hereinafter referred to as the "board"), denying plaintiff (sometimes hereinafter referred to as "Borden's"), a license to sell milk and milk products in the Borough of Somerville. The suit also seeks to have declared invalid certain of the provisions of the board's ordinance. The ultimate goal of the plaintiff...

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