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JAMES M. McCUNN & CO., INC. v. FLEMING & McCAIG, INC.

81 N.J. Super. 97 (1963)

194 A.2d 749

JAMES M. McCUNN & CO., INC., A CORPORATION, APPELLANT, v. FLEMING & McCAIG, INC., A CORPORATION, AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1963.

Attorney(s) appearing for the Case

Mr. Joseph M. Jacobs argued the cause for appellant (Messrs. Harrison & Jacobs, attorneys).

Mr. Max Mehler argued the cause for respondent, Fleming & McCaig, Inc.

Mr. Avrom J. Gold, Deputy Attorney general, argued the cause for respondent, Division of Alcoholic Beverage Control (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges CONFORD, FREUND and SULLIVAN.

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

James M. McCunn & Co., Inc. (McCunn) appeals from the conclusions and order of the Acting Director of the Division of Alcoholic Beverage Control, requiring McCunn to sell and continue to sell to Fleming & McCaig, Inc. (McCaig) alcoholic beverages "on terms usually and normally required" by McCunn.

McCunn is an importer of alcoholic beverages and is the sole distributor in the United States...

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