STATE BD. OF MED. EXAMINERS v. WAGNER


79 N.J. Super. 76 (1963)

190 A.2d 557

STATE BOARD OF MEDICAL EXAMINERS OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES WAGNER, LAB DELIVERY SERVICE, INC., ABRAHAM J. BLAIVAS AND MURRAY A. BLAIVAS, TRADING AS KINGS COUNTY RESEARCH LABORATORIES, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1963.


Attorney(s) appearing for the Case

Mr. Samuel M. Sprafkin (of the New York Bar) argued the cause for appellants (Messrs. Rothbard, Harris & Oxfeld, attorneys; Mr. Doane Regan, of counsel).

Mr. Robert D. Kroner, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Alfred J. D'Auria, of counsel; Mr. Irwin R. Rein, on the brief).

Before Judges CONFORD, GAULKIN and KILKENNY.


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

Defendants were convicted in the Bergen County District Court of violating N.J.S.A. 45:9-42.21, upon complaint of the State Board of Medical Examiners of New Jersey. Plaintiff was given a judgment allowing a recovery from each of the defendants of a $100 penalty and costs of the proceedings. This is an appeal by defendants from that judgment.

N.J.S.A. 45:9-42.21 provides that whoever...

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