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PIED PIPER SUPER MARKET v. HOFFMAN

61 N.J. Super. 16 (1960)

160 A.2d 135

PIED PIPER SUPER MARKET OF LINDEN, NEW JERSEY, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF, v. FLOYD R. HOFFMAN, DIRECTOR OF THE OFFICE OF MILK INDUSTRY, DEPARTMENT OF AGRICULTURE, AND WALTER H. CRAMER, STATE SUPERINTENDENT OF WEIGHTS AND MEASURES, DEPARTMENT OF LAW AND PUBLIC SAFETY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 1960.

Attorney(s) appearing for the Case

Mr. William L. Boyan, Deputy Attorney General, for the motion (Mr. David D. Furman, Attorney General, attorney for defendants; Mr. G. Douglas Hofe, Jr., on the brief).

Mr. Otto E. Riemenschneider, attorney for plaintiff, against the motion (Mr. Charles F. Krause, III, on the brief).

Before Judges GOLDMANN, CONFORD and HANEMAN.

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

Plaintiff, by petition for declaratory judgment under R.R. 4:88-10, seeks to review the validity of Order No. 59-3 promulgated by defendant Director of the Office of Milk Industry, effective January 1, 1960, and to compel defendant State Superintendent of Weights and Measures to enforce the provisions of R.S. 51:1-30. Defendants move for summary judgment.

Plaintiff is engaged in the...

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