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WESTFIELD CENTRE SERV., INC. v. CITIES SERV. OIL CO.

158 N.J. Super. 455 (1978)

386 A.2d 448

WESTFIELD CENTRE SERVICE, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND JAMES GALLIGAN, INDIVIDUALLY AND AS PRESIDENT OF WESTFIELD CENTRE SERVICE, INC., PLAINTIFFS, v. CITIES SERVICE OIL COMPANY, A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided March 6, 1978.

Attorney(s) appearing for the Case

Mr. Vincent K. Loughlin for plaintiffs (Messrs. Johnstone & O'Dwyer, attorneys).

Mr. Andrew S. Polito for defendant (Messrs. Mattson, Madden & Polito, attorneys).

ACKERMAN, J.S.C.

This case requires the court, among other things, to construe the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 et seq., and to rule on the act's constitutionality. After a plenary hearing I find the facts as follows:

Plaintiff James L. Galligan purchased the Cities Service franchise at 131-145 Elm Street, Westfield, New Jersey, in April 1973. The franchise was a so-called "traditional gasoline

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