LEVITT & SONS, INC. v. DIV. AGAINST DISCRIMINATION, ETC.


31 N.J. 514 (1960)

158 A.2d 177

LEVITT AND SONS, INCORPORATED, A NEW YORK CORPORATION, PLAINTIFF-APPELLANT, v. DIVISION AGAINST DISCRIMINATION IN THE STATE DEPARTMENT OF EDUCATION, WILLIE R. JAMES AND FRANKLIN D. TODD, DEFENDANTS-RESPONDENTS, AND GREEN FIELDS FARM, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. DIVISION AGAINST DISCRIMINATION IN THE STATE DEPARTMENT OF EDUCATION AND YUTHER GARDNER, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 9, 1960.


Attorney(s) appearing for the Case

Mr. Harold E. Kohn, of the Philadelphia Bar, argued the cause for the plaintiffs-appellants (Messrs. Pitney, Hardin & Ward, attorneys for plaintiff-appellant Levitt and Sons, Incorporated; Mr. Sidney S. Jaffe, attorney for plaintiff-appellant Green Fields Farm, Inc.; Messrs. William P. Reiss and Clyde A. Szuch, on the brief).

Mr. David D. Furman, Attorney General of New Jersey, argued the cause for the defendant-respondent Division Against Discrimination in the State Department of Education (Mr. Lee A. Holley, Deputy Attorney General, of counsel).

Mr. Julius Wildstein argued the cause for all individual defendants-respondents (Messrs. Kapelsohn, Lerner, Leuchter & Reitman, and Emerson L. Darnell, attorneys for defendant-respondent Willie R. James; Messrs. Herbert H. Tate and Jerome C. Eisenberg, attorneys for defendant-respondent Franklin D. Todd; Mr. Julius Wildstein, attorney for defendant-respondent Yuther Gardner, and of counsel for all other individual defendants-respondents; Messrs. Julius Wildstein and Joseph B. Robison, of the New York Bar, and Mrs. Ruth Blumrosen of the Michigan Bar, on the brief).


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

The plaintiff Levitt and Sons, Incorporated, a New York corporation authorized to do business in New Jersey (hereinafter referred to as Levitt) is the developer of a single home housing project called Levittown, located in Levittown Township, Burlington County, New Jersey. The plaintiff Green Fields, Inc., a New Jersey Corporation (hereinafter referred to as Green Fields) is the developer of a similar project called...

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