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NEW JERSEY GUILD OF HEARING AID DISPENSERS v. LONG

75 N.J. 544 (1978)

384 A.2d 795

NEW JERSEY GUILD OF HEARING AID DISPENSERS, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY; JOSEPH IACONO AND ROBERT P. AHRENS, APPELLANTS, v. VIRGINIA LONG, DIRECTOR OF THE DIVISION OF CONSUMER AFFAIRS; THE DIVISION OF CONSUMER AFFAIRS, AN AGENCY OF THE STATE OF NEW JERSEY; THE HEARING AID DISPENSERS EXAMINING COMMITTEE AND THE STATE BOARD OF MEDICAL EXAMINERS, AGENCIES OF THE STATE OF NEW JERSEY UNDER THE JURISDICTION OF THE DIVISION OF CONSUMER AFFAIRS, RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 9, 1978.

Attorney(s) appearing for the Case

Mr. Jack B. Kirsten and Mr. Elmer J. Bennett argued the cause for appellants (Messrs. Freidin, Kirsten, Friedman & Cherin, attorneys; Messrs. Carpenter, Bennett and Morrissey, of counsel; Mr. Bennett, Mr. Kirsten and Ms. Deborah W. Babcox, on the brief).

Mr. Steven I. Kern, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mrs. Erminie L. Conley, Deputy Attorney General, of counsel).

The opinion of the court was delivered by PASHMAN, J.

Concern over allegations of consumer abuses in the sale of hearing aids prompted the Legislature to pass the Hearing Aid Dispensers Act, L. 1973, c. 19, N.J.S.A. 45:9A-1 et seq. ("the Act"), which became law on January 31, 1973. This enactment created a Hearing Aid Dispensers Examining Committee ("the Committee") under the State Board of Medical Examiners in the Division of Consumer...

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