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GALANTE v. TEANECK DEPT. OF HEALTH

70 N.J. Super. 362 (1961)

175 A.2d 490

JOHN GALANTE T/A SIR JOHN HAIRDRESSER, NEW JERSEY ASSOCIATION OF MASTER HAIRDRESSERS, A CORPORATION OF THE STATE OF NEW JERSEY, AND BERGEN COUNTY HAIRDRESSERS ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. THE TEANECK DEPARTMENT OF HEALTH, THE TOWNSHIP OF TEANECK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE BOARD OF BEAUTY CULTURE CONTROL AND DAVID D. FURMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 16, 1961.

Attorney(s) appearing for the Case

Mr. Samuel A. Wiener, attorney for plaintiffs.

Mr. Leland F. Ferry, attorney for defendants Teaneck Department of Health and The Township of Teaneck.

Mr. David D. Furman, Attorney General, attorney for defendant Board of Beauty Culture Control of the State of New Jersey (Mr. F. Michael Caruso, Deputy Attorney General, appearing).

O'DEA, J.C.C.

This is a motion for summary judgment in an action in lieu of prerogative writ under the Declaratory Judgments Act, N.J.S.A. 2A:16-50 et seq., to test the validity of a municipal ordinance requiring a municipal license for beauty shops regulated and licensed by the State Board of Beauty Culture Control in the State Board of Health under the State Beauty Culture Control Act.

The plaintiff, a local hairdresser operating a beauty salon...

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