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LUBLINER v. BD. OF ALCOHOLIC BEV. CON., CITY OF PATERSON

33 N.J. 428 (1960)

165 A.2d 163

MORRIS LUBLINER AND CONGREGATION LENATH HAZEDIC, APPELLANTS, v. BOARD OF ALCOHOLIC BEVERAGE CONTROL FOR THE CITY OF PATERSON AND AUGUSTUS HUTCHINS T/A HUTCH'S TAVERN, AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY, STATE OF NEW JERSEY, RESPONDENTS.

The Supreme Court of New Jersey.

Argued September 26, 1960.

Decided November 7, 1960.

Attorney(s) appearing for the Case

Mr. Louis Schwartz argued the cause for the appellants (Messrs. Schwartz & Schwartz, attorneys; Mr. Sol Schwartz, on the brief).

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

Mr. John E. Selser argued the cause for the respondent Augustus Hutchins t/a Hutch's Tavern (Mr. Charles Turndorf, attorney; Mr. Gary O. Turndorf, on the brief).

The opinion of the court was delivered by JACOBS, J.

The Appellate Division, in an opinion reported at 59 N.J.Super. 419 (1960), affirmed the State Director who had, in turn, sustained the action of Paterson's excise board in granting Mr. Hutchins' application for transfer of his licensed premises. We granted certification at the request of the objectors Morris Lubliner and Congregation Lenath Hazedic.

Mr. Hutchins...

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