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UNITED STATIONS OF N.J., ET AL. v. GETTY OIL CO.

102 N.J. Super. 459 (1968)

246 A.2d 150

UNITED STATIONS OF NEW JERSEY (US), A CORPORATION OF NEW JERSEY, AND NICHOLAS DEL SPINA, PLAINTIFFS, v. GETTY OIL COMPANY, A DELAWARE CORPORATION, SHELL OIL COMPANY, A DELAWARE CORPORATION, ATLANTIC RICHFIELD COMPANY, A DELAWARE CORPORATION, ALL DOING BUSINESS IN NEW JERSEY; HUMBLE OIL AND REFINING COMPANY, A NEW JERSEY CORPORATION; CLIFTON CREECH, t/a CLIFF'S AUTO SERVICE, INDIVIDUALLY AND AS REPRESENTATIVE OF A CLASS OF RETAIL MOTOR FUEL DEALERS ENGAGING IN SHELL OIL COMPANY'S "AMERICANA" GAME; GEORGE W. SCHUTZ, t/a WERNER'S AUTO SERVICE, INDIVIDUALLY AND AS REPRESENTATIVE OF A CLASS OF RETAIL MOTOR FUEL DEALER'S ENGAGING IN ATLANTIC OIL COMPANY'S "MATCH THE RED BALL" CONTEST; MATTHEW DE ROSA, t/a DE ROSA FLYING A, INDIVIDUALLY AND AS REPRESENTATIVE OF A CLASS OF RETAIL MOTOR FUEL DEALERS ENGAGING IN GETTY OIL COMPANY'S "MAKE MONEY" CONTEST; AND PETER BONAGURA, t/a REDWOOD ESSO SERVICE CENTER, INDIVIDUALLY AND AS REPRESENTATIVE OF A CLASS OF RETAIL MOTOR FUEL DEALERS ENGAGED IN HUMBLE OIL AND REFINING COMPANY'S "WILD CARD TIGERAMA" CONTEST, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided August 1, 1968.

Attorney(s) appearing for the Case

Mr. Donald M. Weitzman for plaintiff Nicholas Del Spina (Messrs. Glucksman & Weitzman, attorneys).

Mr. William P. Reiss for defendant Getty Oil Company (Messrs. Pitney, Hardin & Kipp, attorneys).

Messrs. William Simon and Paul E. d'Hedouville of the District of Columbia Bar, for defendant Shell Oil Company (Messrs. Howrey, Simon, Baker & Murchison, attorneys) and Mr. Verling C. Enteman for defendants Shell Oil Company and Clifton Creech.

Mr. Francis E.P. McCarter for defendant Atlantic Richfield Company (Messrs. McCarter & English, attorneys).

Mr. James J. McLaughlin for defendant Humble Oil and Refining Company (Messrs. McLaughlin, Dawes & Abbots, attorneys).

Mr. Michael D. Loprete for defendant George W. Schutz (Messrs. Mattson, Madden, Polito & Loprete, attorneys).

Mr. John L. Moore for defendant Matthew De Rosa (Messrs. Moore & Howell, attorneys).

Messrs. Robert C. Garofalo and Paul A. Colwell, Jr. for defendant Peter Bonagura (Messrs. Ryan, Foster & Garofalo, attorneys).

MINTZ, J.S.C.

Plaintiff Nicholas Del Spina operates a Mobil filling station at 460 Main Street, Orange, N.J. His complaint alleges that retail service station dealers are conducting certain giveaway contests in violation of N.J.S.A. 56:6-2(f) which provides that:

"It shall be unlawful for any retail dealer to use lotteries, prizes, wheels of fortune, punch-boards or other games of chance, in connection with the sale of motor fuels."

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