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STATE v. KINNEY BLDG. DRUG STORES, INC.

56 N.J. Super. 37 (1959)

151 A.2d 430

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KINNEY BUILDING DRUG STORES, INC., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Essex County Court, Law Division.

Decided May 11, 1959.

Attorney(s) appearing for the Case

Mr. Martin J. Loftus, Deputy Attorney General, argued the cause for the plaintiff-respondent (Mr. Brendan T. Byrne, Acting Prosecutor of Essex County, attorney).

Mr. Ronald G. Targan argued the cause for the defendants-appellants.

Mr. Joseph H. Stamler, appearing for Ortho Pharmaceutical Corp. and Youngs Rubber Corp., argued the cause amicus curiae (Messrs. Lorentz and Stamler, attorneys).

Mr. John J. Rafferty, attorney for the New Jersey Catholic Conference, argued the cause amicus curiae.

Mr. Harrison F. Durand, appearing for Essex County Committee for Planned Parenthood, argued the cause amicus curiae (Mr. Morris L. Ernst, Miss Harriet F. Pilpel, and Miss Nancy F. Wechsler, all of the New York Bar, of counsel).

Mr. Herbert D. Kelleher, appearing for Diocesan Council of the Protestant Episcopal Diocese of Newark, argued the cause amicus curiae (Messrs. Lum, Fairlie & Foster, attorneys).

Mr. George A. Breur, attorney for New Jersey Council of Churches, argued the cause amicus curiae.

CONKLIN, J.C.C.

These three matters come before the court on appeals from the Newark Municipal Court. Although no testimony was taken before this court, it is agreed between the parties that on September 25, 1958 detectives in the employ of the Newark Police Department purchased articles for the prevention of conception. The sales were made in the Kinney Building Drug Stores, Inc., one by the registered pharmacist, and the other by his assistant. Apparently, neither...

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