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AFFILIATED DISTILLERS BRANDS CORP. v. SILLS

56 N.J. 251 (1970)

265 A.2d 809

AFFILIATED DISTILLERS BRANDS CORP., A CORPORATION OF THE STATE OF NEW YORK, RESPONDENT-CROSS-APPELLANT, v. ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, AND JOSEPH P. LORDI, DIRECTOR OF THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL OF THE DEPARTMENT OF LAW AND PUBLIC SAFETY OF NEW JERSEY, APPELLANTS-CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued April 22, 1970.

Decided June 1, 1970.

Attorney(s) appearing for the Case

Mr. Elias Abelson, Assistant Attorney General, argued the cause for appellants-cross-respondents (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Philip S. Carchman, Deputy Attorney General, on the brief).

Mr. Charles Danzig argued the cause for respondent-cross-appellant (Messrs. Riker, Danzig, Schere & Brown, attorneys; Mr. Peter L. Berkley on the brief).

Mr. John J. Francis, Jr., argued the cause for certain wholesalers as amicus curiae (Messrs. Shanley & Fisher, attorneys; Messrs. Pitney, Hardin & Kipp and Mr. William P. Reiss, of counsel; Mr. John J. Francis, Jr. and Mr. Harold H. Fisher on the brief).

The opinion of the court was delivered by PROCTOR, J.

Plaintiff, Affiliated Distillers Brands Corporation (Affiliated), is a wholly owned subsidiary of Schenley Industries, Inc., a Delaware corporation. The latter has been engaged for many years in distilling, blending, importing and marketing distilled spirits and wines. Affiliated brought this action in the Chancery Division seeking to have Chapters 58 and 59 of the Laws...

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