CUNARD S.S. CO. v. LUCCI


92 N.J. Super. 148 (1966)

222 A.2d 522

THE CUNARD STEAM-SHIP COMPANY LIMITED, ETC., ET AL., PLAINTIFFS, AND ATLANTIC CRUISE LINE, INC., AND VIKING CRUISE LINES, FLAGSHIP LINE AGENCY, INC., INTERVENING PLAINTIFFS, AND NORTH GERMAN LLOYD, INTERVENING PLAINTIFF, v. LOUIS P. LUCCI, DEFENDANT, AND STATE OF NEW JERSEY, INTERVENING DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided July 28, 1966.


Attorney(s) appearing for the Case

Mr. Julius Poppinga for original plaintiffs (Mr. Bertram E. Busch and Mr. John R. Drosdick on the brief; Messrs. McCarter & English, attorneys).

Mr. Allan H. Klinger for intervening plaintiffs Atlantic Cruise Line, Inc. and Viking Cruise Lines, Flagship Line Agency, Inc. (Mr. Lawrence S. Grossman on the brief: Messrs. Milton, Keane & De Bona, attorneys).

Mr. Ralph P. Messano for intervening plaintiff North German Lloyd (Mr. William A. O'Brien, of counsel; Messrs. Messano and Messano, attorneys).

Mr. John E. Toolan for defendant (Messrs. Toolan, Haney & Romond, attorneys).

Mr. Richard Newman, Deputy Attorney General, for intervening defendant State of New Jersey (Mr. Theodore A. Winard, Deputy Atty. Gen., on the brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).


MATTHEWS, J.S.C.

In this action plaintiffs, both original and intervening, seek a declaratory judgment adjudicating that the provisions of N.J.S. 2A:170-77.13, and 2A:170-77.14 insofar as it applies to the former statute, are unconstitutional.1 The original plaintiffs instituting this action sought injunctive relief against defendant to restrain him from prosecuting them under eight...

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