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STATE v. PATFOL, INC.

76 N.J. Super. 572 (1962)

185 A.2d 215

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PATFOL, INC., DEFENDANT-APPELLANT, AND VINCENT SULLIVAN, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HERMAN SMITH, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1962.

Attorney(s) appearing for the Case

Mr. Theodore I. Botter, First Assistant Attorney General (Mr. Arthur J. Sills, Attorney General, attorney), for plaintiff as respondent and appellant, movant.

Mr. Philip C. Geibel, attorney for appellants Patfol, Inc. and Vincent Sullivan, opposed.

Mr. Sidney P. McCord, Jr., attorney for respondent Herman Smith, Jr., respondent.

Before Judges CONFORD, GAULKIN and KILKENNY.

PER CURIAM.

These motions for reargument of our decision of September 21, 1962 (State v. Patfol, Inc., 76 N.J.Super. 287 (App. Div. 1962)) in these appeals are based upon an argument constructed from legislative history which was not presented at all by the State in the brief or argument of the appeals, nor, so far as we are aware, before the trial courts. Although we are certain that the failure to present this...

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