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TONSORIAL INC. v. CITY OF UNION CITY

115 N.J. Super. 33 (1971)

277 A.2d 909

TONSORIAL INCORPORATED t/a THE ODYSSEY, PLAINTIFF, v. THE CITY OF UNION CITY AND THE BOARD OF COMMISSIONERS OF THE CITY OF UNION CITY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 19, 1971.

Attorney(s) appearing for the Case

Mr. Gregory T. Farmer for plaintiff (Mr. Anthony M. De Fino, attorney; Mr. Gregory T. Farmer on the brief).

Mr. Jack Prizzia for defendants.

Mr. Robert S. Feder for Union City Boss Barbers Association, amicus curiae (Mr. George B. Campen on the brief).

LARNER, A.J.S.C.

This action in lieu of prerogative writ, challenges the validity of a municipal ordinance of the City of Union City entitled "An Ordinance to Regulate Barber Shops, Barbering and Itinerant Barbers in the City of Union City, County of Hudson, to Fix Opening and Closing Hours for Barber Shops and to Provide Penalties for the Violation Thereof." The provision in question, section 11, provides in part that "It shall be unlawful for any barber shop to...

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