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TEXAS CO. v. DI GAETANO

71 N.J. Super. 413 (1962)

177 A.2d 273

THE TEXAS COMPANY, A DELAWARE CORPORATION, PLAINTIFF-RESPONDENT, v. MARCO DI GAETANO, T/A MARCO'S SERVICE STATION, ETC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1962.

Attorney(s) appearing for the Case

Mr. David A. Biederman argued the cause for defendant-appellant (Messrs. Bilder, Bilder & Freeman, attorneys; Mr. Walter J. Bilder, of counsel).

Mr. Amzy B. Steed of the New York bar, admitted pro hac vice, argued the cause for plaintiff-respondent (Messrs. Katzenbach, Gildea & Rudner, attorneys; Mr. Milton Handler, Mr. Stanley D. Robinson, and Miss Cecelia H. Goetz, of the New York bar, on the brief).

Before Judges CONFORD, FREUND and LABRECQUE.

The opinion of the court was delivered by CONFORD, S.J.A.D.

Defendant appeals from an order dated December 21, 1960 denying his motion to vacate a final judgment entered in the Chancery Division January 20, 1958 which enjoined his violation of a price resale schedule maintained by plaintiff for the retailing of its gasoline products pursuant to the New Jersey fair-trade statute. R.S. 56:4-3 et seq., as amended (originally enacted by L. 1935, ...

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