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KLEBANOW v. GLASER

159 N.J. Super. 596 (1978)

388 A.2d 1015

BERNARD KLEBANOW, PLAINTIFF-APPELLANT, v. SIDNEY GLASER, DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1978.

Attorney(s) appearing for the Case

Mr. Laurence Reich argued the cause for appellant (Messrs. Carpenter, Bennett & Morrissey, attorneys; Messrs. Greenbaum, Wolff & Ernst, of the New York Bar, of counsel; Mr. Reich and Mr. Laurence Vogel, of the New York Bar, on the brief).

Mr. Douglas G. Sanborn, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General of New Jersey, Mr. Stephen Skillman, Assistant Attorney General and Mr. Sanborn, on the brief).

Before Judges LORA, SEIDMAN and MILMED.

The opinion of the court was delivered by MILMED, J.A.D.

This appeal brings up for review the constitutionality of the retroactive feature of the Tax on Capital Gains and Other Unearned Income Act (the act), L. 1975, c. 172, as amended, N.J.S.A. 54:8B-1 et seq. The legislation, which has since been repealed,1 was approved August 4, 1975 and by its terms took...

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