ZUCCHI v. LAKEVIEW MEMORIAL PARK ASSOCIATION


111 N.J. Super. 569 (1970)

270 A.2d 56

VIRGIL J. ZUCCHI, TRADING AS NEW JERSEY MARBLE & GRANITE WORKS, PLAINTIFF-APPELLANT, v. LAKEVIEW MEMORIAL PARK ASSOCIATION, A NEW JERSEY CORPORATION, MEMORIAL SALES COMPANY, INC., A NEW JERSEY CORPORATION, AND ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1970.


Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for appellant (Mr. Richard H. Miller, on the brief; Messrs. Shavick, Stern, Schotz, Steiger & Croland, attorneys).

Mr. W. Louis Bossle argued the cause for respondent Lakeview Memorial Park Association (Messrs. Kisselman, Devine, Deighan & Montano, attorneys).

Mr. Clarence P. Reberkenny argued the cause for respondent Memorial Sales Company, Inc. (Messrs. Hyland, Davis & Reberkenny, attorneys).

Mr. Kenneth M. Olex, Deputy Attorney General, argued the cause for respondent Arthur J. Sills (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Before Judges SULLIVAN, COLLESTER nd LABRECQUE.


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

This appeal poses the question whether a sales agency holding the exclusive right to sell graves or plots in a cemetery may also engage in the business of selling grave markers in the same cemetery. Plaintiff, an entrepreneur in the business of selling grave markers, charges that he is unable to compete with the cemetery's sales agency in the particular cemetery on a basis of equality because of the preferential...

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