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FRANK v. KUGLER

121 N.J. Super. 589 (1972)

298 A.2d 291

CHARLES FRANK AND WOODBRIDGE MONUMENT WORKS, PLAINTIFFS, v. GEORGE F. KUGLER, JR., ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, AND NEW JERSEY CEMETERY BOARD, CLOVER LEAF CEMETERY AND ROCKY HILL CEMETERY ASSOCIATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 21, 1972.

Attorney(s) appearing for the Case

Messrs. Paul R. Williams, Jr. and Dennis J. Melofchik, for plaintiffs.

Mr. Charles L. Terribile, Deputy Attorney General for defendants George F. Kugler and New Jersey Cemetery Board.

Mr. Francis C. Foley, attorney for Clover Leaf Cemetery.

Messrs. Herbert F. Moore and Michael F. Spicer, attorneys for Amicus Curiae New Jersey Cemetery Association.

FURMAN, J.S.C.

The constitutionality of the New Jersey Cemetery Act approved December 1, 1971, N.J.S.A. 8A:1-1 et seq., is at issue in this declaratory judgment action. Plaintiff Frank is the former owner and now general manager of plaintiff Woodbridge Monument Works and, individually, an interment plot owner in defendant Clover Leaf Cemetery. He was plaintiff in Frank v. Clover Leaf Park Cem. Ass'n, 29 N.J. 193

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