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CUTAIO v. BD. OF HEALTH OF ELIZABETH

36 N.J. Super. 565 (1955)

116 A.2d 646

JOHN CUTAIO, PLAINTIFF-RESPONDENT, v. THE BOARD OF HEALTH OF THE CITY OF ELIZABETH, AND THE CITY OF ELIZABETH, A MUNICIPAL CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 30, 1955.

Attorney(s) appearing for the Case

Mr. Raymond A. Leahy argued the cause for defendants-appellants.

Mr. H. Harding Brown argued the cause for plaintiff-respondent (Mr. Marcus I. Blum, attorney).

Mr. Nathan Reibel filed a brief on behalf of Anthony Foti and Theresa Russo, amici curiae.

Before Judges FRANCIS, HALL and BURTON.

The opinion of the court was delivered by HALL, J.S.C. (temporarily assigned).

This appeal is from a summary judgment directing defendant Board of Health of the City of Elizabeth to grant a transfer to a new location of plaintiff's license to operate a poultry slaughter house.

The sanitary code, adopted by the board of health as an ordinance in 1926, provides that no person, firm or corporation shall slaughter...

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