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SANITARY VENDORS, INC. v. BYRNE

72 N.J. Super. 276 (1962)

178 A.2d 259

SANITARY VENDORS, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. BRENDAN T. BYRNE, PROSECUTOR OF ESSEX COUNTY; NORMAN HEINE, PROSECUTOR OF CAMDEN COUNTY; ALVIN E. GRANITE, PROSECUTOR OF GLOUCESTER COUNTY; GUY W. CALISSI, PROSECUTOR OF BERGEN COUNTY; LAURENCE A. WHIPPLE, PROSECUTOR OF HUDSON COUNTY; EDWARD J. DOLAN, PROSECUTOR OF MIDDLESEX COUNTY; VINCENT P. KEUPER, PROSECUTOR OF MONMOUTH COUNTY; H. DOUGLAS STINE, PROSECUTOR OF UNION COUNTY; THOMAS J. MUCCIFORI, ASSISTANT PROSECUTOR OF OCEAN COUNTY; FRANK C. SCERBO, PROSECUTOR OF MORRIS COUNTY; CLYDE C. JEFFERSON, PROSECUTOR OF HUNTERDON COUNTY; FRANK A. DOLAN, PROSECUTOR OF SUSSEX COUNTY; STANLEY E. RUTKOWSKI, PROSECUTOR OF MERCER COUNTY; ARTHUR S. MEREDITH, PROSECUTOR OF SOMERSET COUNTY AND THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 17, 1962.

Attorney(s) appearing for the Case

Mr. David Schechner argued the cause for plaintiff.

Mr. Evan W. Jahos, Deputy Attorney General, argued the cause for defendants (Mr. David D. Furman, Attorney General, attorney).

WAUGH, A.J.S.C.

This is a declaratory judgment action brought under N.J.S. 2A:16-50 et seq., to determine the validity of N.J.S. 2A:170-76, a section of the Disorderly Persons Act. The parties have stipulated as to the facts.

The plaintiff Sanitary Vendors, Inc. is a New Jersey corporation engaged in the vending machine business in 14 counties throughout the State. At various locations it

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