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KAMIENSKI v. BD. OF MORTUARY SCIENCE

80 N.J. Super. 366 (1963)

194 A.2d 743

JAMES KAMIENSKI, PLAINTIFF-PETITIONER, v. BOARD OF MORTUARY SCIENCE, DEPARTMENT OF LAW AND PUBLIC SAFETY, STATE OF NEW JERSEY, AND ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 20, 1963.

Attorney(s) appearing for the Case

Mr. Robert P. Gorman argued the cause for petitioner (Messrs. Clapp & Eisenberg, attorneys; Mr. Alfred C. Clapp and Mr. Robert P. Gorman, of counsel).

Mr. Raymond H. Leahy argued the cause for respondents (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Milton Diamond, of counsel).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

James Kamienski, a mortician, petitions pursuant to R.R. 4:88-10 for a declaratory judgment that Rule 81 promulgated by the State Board of Mortuary Science is invalid. He contends, (1) Rule 81 contravenes N.J.S.A. 45:7-55, and (2) this rule is unconstitutional because it is arbitrary, capricious and has no reasonable relation to the public health...

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