GARDEN STATE DAIRIES OF VINELAND, INC. v. SILLS ET ALS.,


53 N.J. 71 (1968)

248 A.2d 427

GARDEN STATE DAIRIES OF VINELAND, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, 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-RESPONDENTS. GARDEN STATE DAIRIES OF VINELAND, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. BOARD OF EDUCATION OF THE TOWNSHIP OF CINNAMINSON AND ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND UNITED MILK PRODUCERS COOPERATIVE ASSOCIATION OF NEW JERSEY AND INTER-STATE MILK PRODUCERS' COOPERATIVE, INTERVENORS-RESPONDENTS.

The Supreme Court of New Jersey..

Argued November 19, 1968.

Decided December 16, 1968.


Attorney(s) appearing for the Case

Mr. Albert K. Plone argued the cause for appellant (Messrs. Plone, Tomar, Parks and Seliger, attorneys; Mrs. Eleanor H. Klein, on the brief).

Mr. Jerome M. Katz, Deputy Attorney General, argued the cause for respondent Arthur J. Sills, Attorney General of New Jersey (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Elias Abelson, Deputy Attorney General, of counsel).

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

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


PER CURIAM.

In Garden State Dairies of Vineland, Inc. v. Sills, 46 N.J. 349 (1966) we remanded the plaintiff's attack on Chapters 193 and 194 of the Laws of 1964 for further testimony and findings. Pursuant to the remand, the trial court took testimony, made findings, and struck the portions of the statutes which required that sellers of milk to State agencies and public schools certify that during the preceding year they had...

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