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DEPT. OF HEALTH v. SOL SCHNOLL DRESSED POULTRY

102 N.J. Super. 172 (1968)

245 A.2d 532

DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SOL SCHNOLL DRESSED POULTRY COMPANY, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 23, 1968.

Attorney(s) appearing for the Case

Mr. Walter R. Davis, Jr., Deputy Attorney General, argued the cause for appellant (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. Jack M. Schnoll argued the cause for respondent.

Before Judges CONFORD, COLLESTER and LABRECQUE.

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

This is an appeal by plaintiff State Department of Health from a district court judgment entered in favor of defendant Sol Schnoll Dressed Poultry Company dismissing its action to recover a penalty for failure to obtain a license required under N.J.S.A. 24:9-21 et seq.

The facts are not in dispute. The statement of the evidence and proceedings submitted pursuant to R.R. 1:6-3...

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