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ESSEX CTY. RETAIL LIQUOR STORES ASS'N v. MUNICIPAL BD., NEWARK, BEV. CONT.

64 N.J. Super. 314 (1960)

165 A.2d 834

ESSEX COUNTY RETAIL LIQUOR STORES ASSOCIATION, APPELLANT, v. MUNICIPAL BOARD OF ALCOHOLIC BEVERAGE CONTROL OF THE CITY OF NEWARK, DIVISION OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF NEW JERSEY, AND R.H. MACY CO., INC., T/A BAMBERGER'S, NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1960.

Attorney(s) appearing for the Case

Mr. Leonard Brass argued the cause for appellant (Messrs. Brass & Brass, attorneys).

Mr. David M. Satz, Jr., Deputy Attorney General, argued the cause for respondent Division of Alcoholic Beverage Control (Mr. David D. Furman, Attorney General, attorney; Mr. Samuel B. Helfand, Deputy Attorney General, of counsel).

Mr. Herbert D. Kelleher argued the cause for respondent, R.H. Macy & Co., Inc., t/a Bamberger's, New Jersey (Messrs. Lum, Fairlie & Foster, attorneys; Mr. William F. Tompkins, of counsel; Mr. Kelleher, on the brief).

Before Judges CONFORD, FREUND and KILKENNY.

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

This case involves the validity of a renewal plenary retail distribution license issued by the Board of Alcoholic Beverage Control of the City of Newark to the respondent, R.H. Macy Co., Inc., trading as Bamberger's, New Jersey, covering premises located at 109-135 Market Street, Newark, for the 1959-1960 licensing year. The basic question is the right to operate four different, physically-separated, liquor...

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