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N.J.S.P.C.A. v. BD. OF ED. OF EAST ORANGE

91 N.J. Super. 81 (1966)

219 A.2d 200

THE NEW JERSEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A BODY POLITIC, BY CAPTAIN FRANK TOMASULO, PLAINTIFF, v. THE BOARD OF EDUCATION OF THE CITY OF EAST ORANGE, A BODY POLITIC, DEFENDANT, NEW JERSEY SCIENCE TEACHERS' ASSOCIATION, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, AND NATIONAL SOCIETY FOR MEDICAL RESEARCH, INC., A NON-PROFIT CORPORATION OF THE STATE OF MINNESOTA, INTERVENORS.

Superior Court of New Jersey, Essex County Court, Law Division.

Decided April 4, 1966.

Attorney(s) appearing for the Case

Mr. Nicholas Martini for plaintiff (Mr. Sam Weiss, on the brief).

Mr. Charles C. Trelease, amicus curiae, for The American Humane Association.

Mr. Edward Stanton for the Board of Education of East Orange.

Mr. Frank L. Bate for New Jersey Science Teachers' Association and National Society for Medical Research, Inc. (Messrs. Shanley & Fisher, attorneys; Mr. Raymond W. Young, of counsel).

BARRETT, J.C.C.

In this action The New Jersey Society for the Prevention of Cruelty to Animals (S.P.C.A.) under N.J.S.A. 4:22-26 seeks recovery against the Board of Education of the City of East Orange (board) of penalties at the rate of $100 per alleged violation arising primarily out of cancer-inducing experiments conducted by a student in its high school on live chickens. By permission of the court, defendants New Jersey Science Teachers' Association and...

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