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CITY CONSUMER SERVICES, INC. v. DEPT. OF BANKING

134 N.J. Super. 588 (1975)

342 A.2d 540

CITY CONSUMER SERVICES, INC., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DEPARTMENT OF BANKING, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1975.

Attorney(s) appearing for the Case

Mr. John P. Sheridan, Jr. argued the cause for appellant (Messrs. Cahill, McCarthy and Hick, attorneys).

Mr. Michael E. Goldman, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Richard M. Conley, Deputy Attorney General, of counsel).

Messrs. Miller, Myers, Matteo and Rabil filed a brief for amicus curiae, New Jersey Savings League (Mr. Michael D. Matteo on the brief).

Before Judges CARTON, CRANE and KOLE.

PER CURIAM.

This appeal involves an attack on a regulation of the Commissioner of Banking, N.J.A.C. 3:18-8.1.

The Secondary Mortgage Loan Act, N.J.S.A. 17:11A-34 et seq. (the act), directed at potential abuses of borrowers by second mortgage lenders, subjects the lenders to licensing and other rigid supervision by the State Commissioner of Banking (Commissioner). Oxford Consumer Dis. Co. of No. Phila. v. Stefanelli,

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