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UNITED HUNTERS ASS'N, ETC. v. BONTEMPO

53 N.J. Super. 181 (1958)

147 A.2d 83

UNITED HUNTERS ASSOCIATION OF NEW JERSEY, INC.; GLASSBORO ROD AND GUN CLUB, INC.; ELMER DEER CLUB, INC.; BURLINGTON COUNTY FARMERS AND SPORTSMEN, INC.; SQUARE CIRCLE SPORTSMEN OF CAMDEN COUNTY, INC., ALL BEING NON-PROFIT CORPORATIONS, HAROLD REISS; HERMAN PRIESTLY; JOSEPH ALAMPI, AND JAMES M. CHARLESWORTH, SUING AS INDIVIDUALS, PLAINTIFFS, v. SALVATORE A. BONTEMPO, COMMISSIONER OF THE DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT OF THE STATE OF NEW JERSEY; DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT; DIVISION OF FISH AND GAME, FISH AND GAME COUNCIL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1958.

Attorney(s) appearing for the Case

Mr. Owen N. Eisenberg and Mr. James G. Aiken argued the cause for petitioners.

Mr. William L. Boyan, Deputy Attorney General, argued the cause for defendants (Mr. David D. Furman, Attorney General of New Jersey, attorney; Mr. Boyan, of counsel; Mr. George H. Barbour, Deputy Attorney General, on the brief).

Before Judges GOLDMANN, FREUND and HANEMAN.

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

Petitioners seek a review of the validity of a regulation adopted on October 14, 1958 by the Fish and Game Council of the Division of Fish and Game, Department of Conservation and Economic Development, hereinafter referred to as "Council," providing for a one-day deer-of-either-sex season throughout the State of New Jersey on December 20, 1958. R.R. 4:88-10. The petition for

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