MONTELEONE v. FURMAN

Civ. A. Nos. 1039-60, 1051-60.

192 F.Supp. 830 (1961)

Joseph MONTELEONE, Margaret Van Sciver, Dorothy Miller, Bargain City, U.S.A., a corporation of the Commonwealth of Pennsylvania and Rockower Brothers, Inc., a New Jersey corporation, Plaintiffs, v. David D. FURMAN, Attorney General of the State of New Jersey, Alvin R. Granite, Prosecutor of Gloucester County, Edwin Erickson, Chief of Police, Deptford Township, Defendants. VORNADO, INC., a Kansas corporation, Jaunty Dress Shops, Inc., a New Jersey corporation, Alfar Shops of Neptune, Inc., a New Jersey corporation, Alfar Shops of Garfield, Inc., a New Jersey corporation, Alfar Shops of North Bergen, Inc., a New Jersey corporation and Edward Reiff, Plaintiffs, v. David D. FURMAN, Attorney General of the State of New Jersey, Guy W. Calissi, John G. Thevos, Frank P. Scerbo, Lawrence A. Whipple, Edward J. Dolan, Vincent P. Keuper, Arthur S. Meredith, H. Douglas Stine, Prosecutors of the Pleas of the Counties of Bergen, Passaic, Morris, Hudson, Middlesex, Monmouth, Somerset and Union, respectively, James C. Pellington, Ralph Schrader, John Schlicht, Fred Wandres, Mark S. Masters, Carmine Perrapatto, Louis J. Rischer, John Egan, Walter Pich, Ralph Barrett, Edward Flaherty and Edward Shoemaker, Chiefs of Police of the Borough of Totowa, Township of East Hanover, Township of North Bergen, Town of Kearney, Borough of Maywood, City of Garfield, Borough of Fairlawn, Township of Woodbridge, Township of East Brunswick, Borough of Watchung, City of Elizabeth and Borough of Neptune City, respectively, Defendants.

United States District Court D. New Jersey.

January 26, 1961.


Attorney(s) appearing for the Case

Evoy & Feinberg, by Alexander Feinberg, Camden, N. J., for plaintiffs.

David D. Furman, Atty. Gen. of State of New Jersey, by David M. Satz, Jr., Asst. Atty. Gen., for defendants.

Before FORMAN, Circuit Judge, and MADDEN and LANE, District Judges.


FORMAN, Circuit Judge.

These two suits are additional assaults upon the New Jersey Sunday Closing Act of 1959,1 N.J.S.A. 2A:171-5.8 to 5.18 (hereafter called the Act). In the first (Docket No. 1039-60) Joseph Monteleone, Margaret Van Sciver and Dorothy Miller are individual plaintiffs allegedly employees of various concessionaires of the plaintiff, Bargain City, U. S. A. (Bargain City), a Pennsylvania...

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