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TERWILLIGER v. GRACELAND MEMORIAL PARK ASS'N.

35 N.J. 259 (1961)

173 A.2d 33

ROBERT R. TERWILLIGER, TRADING AS KENNGOTT-TERWILLIGER CO., PLAINTIFF-RESPONDENT, v. GRACELAND MEMORIAL PARK ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, GRACELAND MANAGEMENT CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS, AND HOLLYWOOD MEMORIAL PARK, INC., A CORPORATION OF THE STATE OF NEW JERSEY, ROSEDALE AND LINDEN PARK CEMETERY ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, ROSEDALE AND LINDEN PARK COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AND DAVID D. FURMAN, THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued April 25, 1961,

Decided June 30, 1961.

Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for plaintiff-respondent (Messrs. Hofstra & Hofstra, attorneys).

Mr. Edward J. O'Mara argued the cause for defendants-appellants (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys).

Mr. David Landau, Deputy Attorney General, argued the cause for the Attorney General (Mr. David D. Furman, Attorney General of New Jersey, attorney).

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

The defendant Hollywood Memorial Park, Inc., operates a public cemetery in the Township of Union, New Jersey. Defendant Rosedale and Linden Park Company, a corporation, conducts the same kind of cemetery in the City of Linden, New Jersey. Each defendant also engages at its cemetery in the sale of bronze markers or memorials to be installed on the graves of persons buried...

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