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UNITED STATIONS OF N.J., ET AL. v. WM. KINGSLEY

99 N.J. Super. 574 (1968)

240 A.2d 702

UNITED STATIONS OF NEW JERSEY (US), A CORPORATION OF NEW JERSEY, AND NICHOLAS DEL SPINA, PLAINTIFFS, v. WILLIAM KINGSLEY, ACTING DIRECTOR OF THE NEW JERSEY DIVISION OF TAXATION; 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 DEALERS ENGAGING IN ATLANTIC OIL COMPANY'S "MATCH THE RED BALL" CONTEST; AND ANTHONY RECCHIA, t/a RECCHIA'S FLYING A SERVICE, INDIVIDUALLY AND AS REPRESENTATIVE OF A CLASS OF RETAIL MOTOR FUEL DEALERS ENGAGING IN TIDEWATER OIL COMPANY'S "FLYING ACES" CONTEST, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 23, 1968.

Attorney(s) appearing for the Case

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

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

Mr. William Simon of the District of Columbia Bar and Mr. Verling C. Enteman for defendants Shell Oil Company and Clifton Creech.

Mr. Francis E.P. McCarter for defendant Atlantic Richfield Company (Messrs. Richard C. Cooper and Andrew G. Emerson on the brief; Messrs. McCarter & English, attorneys).

Mr. Alfred Abbotts for defendant Humble Oil and Refining Company (Messrs. McLaughlin & Abbotts, attorneys).

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

Mr. Sam Magnes for defendant Anthony Recchia.

MINTZ, J.S.C.

This matter is before the court on motion of plaintiff Del Spina for summary judgment. The claim of co-plaintiff United Stations of New Jersey was dismissed as to Shell Oil Company for lack of standing. Counsel for plaintiffs in his memorandum filed in support of this motion states that the complaint of United Stations of New Jersey "admittedly can be dismissed as to other defendants." Accordingly, an appropriate order will be submitted to that

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