SAFEWAY TRAILS, INC. v. FURMAN


76 N.J. Super. 90 (1962)

183 A.2d 788

SAFEWAY TRAILS, INC., A CORPORATION OF THE STATE OF MARYLAND, PLAINTIFF, v. DAVID D. FURMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY AND HEAD OF THE DEPARTMENT OF LAW AND PUBLIC SAFETY; NED J. PARSEKIAN, ACTING DIRECTOR, DIVISION OF MOTOR VEHICLES AND JOHN A. KERVICK, STATE TREASURER OF NEW JERSEY, DEFENDANTS. THE GREYHOUND CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF, v. JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY, AND NED J. PARSEKIAN, ACTING DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY OF THE STATE OF NEW JERSEY, DEFENDANTS. LINCOLN TRANSIT CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, HILL BUS CO., A CORPORATION OF NEW JERSEY, ROCKLAND COACHES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, HUDSON BUS TRANSPORTATION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, SOMERSET BUS CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DECAMP BUS LINES, A CORPORATION OF THE STATE OF NEW JERSEY, MANHATTAN TRANSIT COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AND WESTWOOD TRANSPORTATION LINES INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. NED J. PARSEKIAN, ACTING DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided July 31, 1962.


Attorney(s) appearing for the Case

Mr. Joseph Harrison (Messrs. Harrison & Jacobs, attorneys), and Mr. William A. Roberts of the Washington, D.C. Bar pro hac vice (Messrs. Roberts & McInnis, attorneys), argued the cause for the plaintiff, Safeway Trails, Inc.

Mr. Merritt Lane, Jr. (Messrs. McCarter & English) argued the cause for the plaintiff, The Greyhound Corporation.

Mr. George M. Eichler argued the cause for the plaintiff, Lincoln Transit Co., Inc. and the seven other plaintiffs joined therewith.

Mr. Alan B. Handler, Deputy Attorney General of the State of New Jersey, argued the cause for all defendants (Mr. Arthur J. Sills, Attorney General of the State of New Jersey, attorney).


GIULIANO, J.S.C.

This is a suit for a declaratory judgment with respect to the proper application of the Interstate Busses Excise Tax, R.S. 48:4-20, and for a judgment with respect to the constitutionality of that statute insofar as it may be held to apply to miles traversed by interstate busses over the New Jersey Turnpike and the Garden State Parkway. Plaintiffs seek an injunction restraining the defendants from enforcing R.S. 48:4-20 with respect...

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