GARDEN STATE DAIRIES OF VINELAND, INC. v. SILLS


98 N.J. Super. 109 (1967)

236 A.2d 176

GARDEN STATE DAIRIES OF VINELAND, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, AND JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF PURCHASE AND PROPERTY, DEFENDANTS. GARDEN STATE DAIRIES OF VINELAND, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. BOARD OF EDUCATION OF THE TOWNSHIP OF CINNAMINSON AND ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, DEFENDANTS, AND UNITED MILK PRODUCERS COOPERATIVE ASSOCIATION OF NEW JERSEY AND INTER-STATE MILK PRODUCERS' COOPERATIVE, INTERVENORS.

Superior Court of New Jersey, Chancery Division.

Decided November 21, 1967.


Attorney(s) appearing for the Case

Mr. Albert K. Plone for plaintiff Garden State Dairies of Vineland, Inc. (Messrs. Plone, Tomar, Parks and Seliger, attorneys).

Mr. Michael Gold, Deputy Attorney General, for defendants Arthur J. Sills, Attorney General of New Jersey, and John A. Kervick, Treasurer of the State of New Jersey.

Mr. Joseph F. Greene, Jr. for defendant Board of Education of Cinnaminson Township (Messrs. Curry, Purnell and Greene, attorneys).

Mr. A. Evans Kephart, a member of the Philadelphia Bar, of counsel, for intervenor Inter-State Milk Producers' Cooperative (Messrs. Backes & Backes, attorneys).

Mr. Lewis P. Dolan, Jr. for intervenor United Milk Producers Cooperative Association of New Jersey (Messrs. Dolan and Dolan, attorneys).


WICK, J.S.C.

This action is presently before the court on remand from the Supreme Court of New Jersey. Garden State Dairies of Vineland, Inc. v. Sills, 46 N.J. 349 (1966). The purpose of the remand is to receive testimony and to make certain findings concerning N.J.S.A. 52:25-23 and N.J.S.A. 18:7-64. The facts and history of the case are basically as set forth below...

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