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CUNARD S.S. CO. v. LUCCI

94 N.J. Super. 440 (1967)

228 A.2d 719

THE CUNARD STEAM-SHIP COMPANY LIMITED, ETC., ET AL., PLAINTIFFS-RESPONDENTS, AND ATLANTIC CRUISE LINE, INC. (AND THREE OTHERS) PLAINTIFFS-INTERVENORS-RESPONDENTS, v. LOUIS P. LUCCI, DEFENDANT-APPELLANT, AND STATE OF NEW JERSEY, DEFENDANT-INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1967.

Attorney(s) appearing for the Case

Mr. Charles Sovel, of the New York State Bar, argued the cause for defendant-appellant (Messrs. Toolan, Haney & Romond, attorneys; Mr. John E. Toolan, of counsel).

Mr. Richard Newman, Deputy Attorney General, argued the cause for defendant-intervenor-appellant (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney.)

Mr. Julius B. Poppinga argued the cause for plaintiffs-respondents (Messrs. McCarter & English, attorneys; Messrs. Julius B. Poppinga and John Drosdick, on the brief).

Mr. William A. O'Brien argued the cause for plaintiff-intervenor-respondent (Messrs. Messano & Messano, attorneys.

Before Judges SULLIVAN, KOLOVSKY and CARTON.

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

This appeal involves the constitutionality of the so-called New Jersey Flagship Statute, L. 1964, c. 230, now N.J.S. 2A:170-77.12 to 77.14, inclusive, which provides as follows:

"2A:170-77.12 Issuance or sale of ticket for passage aboard vessel not having country of registry imprinted thereon

No person shall issue, sell...

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