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BURLINGTON FOOD STORES, INC. v. HOFFMAN

82 N.J. Super. 452 (1964)

198 A.2d 106

BURLINGTON FOOD STORES, INC., A NEW JERSEY CORPORATION, AND CUMBERLAND FARMS OF NEW JERSEY, INC., A NEW JERSEY CORPORATION, APPELLANTS, v. FLOYD R. HOFFMAN, DIRECTOR OF THE OFFICE OF MILK INDUSTRY, DEPARTMENT OF AGRICULTURE, RESPONDENT. BURLINGTON FOOD STORES, INC., A NEW JERSEY CORPORATION, AND CUMBERLAND FARMS OF NEW JERSEY, INC., A NEW JERSEY CORPORATION, PETITIONERS, v. FLOYD R. HOFFMAN, DIRECTOR OF THE OFFICE OF MILK INDUSTRY, DEPARTMENT OF AGRICULTURE, DEFENDANT. FLOYD R. HOFFMAN, DIRECTOR OF THE OFFICE OF MILK INDUSTRY, DEPARTMENT OF AGRICULTURE, STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CUMBERLAND FARMS OF NEW JERSEY, INC., AND BURLINGTON FOOD STORES, INC., CORPORATIONS OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1964.

Attorney(s) appearing for the Case

Mr. Alan B. Handler, Deputy Attorney General, for Floyd R. Hoffman, Director of the Office of Milk Industry (Mr. Arthur J. Sills, Attorney General; Mr. Donald M. Altman, Deputy Attorney General, of counsel; Mr. Handler and Mr. Richard Newman, Law Assistant, on the brief).

Mr. Grover C. Richman, Jr. for Burlington Food Stores, Inc. and Cumberland Farms of New Jersey, Inc. (Messrs. Richman, Berry & Ferren, attorneys).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

These three consolidated actions involve an order of the Director of the Office of Milk Industry (Director) ordering Cumberland Farms of New Jersey, Inc. (Cumberland) and Burlington Food Stores, Inc. (Burlington) to cease and desist from distributing coupons, hereinafter described, in connection with the sale of gallon and half-gallon containers of milk and...

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