DONALD HENDERSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS WHO ARE SIMILARLY SITUATED, PLAINTIFFS,
v.
SEA-LAND SERVICE, INC., STATE OF NEW JERSEY, DEPARTMENT OF LABOR AND INDUSTRY OF THE STATE OF NEW JERSEY, ROGER BODMAN, INDIVIDUALLY AND IN HIS CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF LABOR AND INDUSTRY, THE DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE AND JAMES WARE, INDIVIDUALLY AND IN HIS CAPACITY AS DIRECTOR OF THE DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE, DEFENDANTS. WILLIAM SIPE, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS WHO ARE SIMILARLY SITUATED, PLAINTIFFS,
v.
AMERADA HESS CORPORATION, STATE OF NEW JERSEY, DEPARTMENT OF LABOR AND INDUSTRY OF THE STATE OF NEW JERSEY, ROGER BODMAN, INDIVIDUALLY AND IN HIS CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF LABOR AND INDUSTRY, THE DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE AND JAMES WARE, INDIVIDUALLY AND IN HIS CAPACITY AS DIRECTOR OF THE DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE, DEFENDANTS. RALPH NOTARGIACOMO, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS WHO ARE SIMILARLY SITUATED, PLAINTIFFS,
v.
UNITED STATES LINES, INC., STATE OF NEW JERSEY, DEPARTMENT OF LABOR AND INDUSTRY OF THE STATE OF NEW JERSEY, ROGER BODMAN, INDIVIDUALLY AND IN HIS CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF LABOR AND INDUSTRY, THE DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE AND JAMES WARE, INDIVIDUALLY AND IN HIS CAPACITY AS DIRECTOR OF THE DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE, DEFENDANTS.
Superior Court of New Jersey, Law Division Union County.https://leagle.com/images/logo.png
Decided May 18, 1983.
Decided May 18, 1983.
Attorney(s) appearing for the Case
Richard P. Venino for plaintiffs, Henderson, et al., Sipe, et al. and Notargiacomo, et al. (Venino & Venino, attorneys; Richard P. Venino on the brief; George J. Cappiello, of counsel; Phillips & Cappiello, P.C., attorneys; George J. Cappiello on the brief).
Jeffrey L. Reiner for defendant, Sea-Land Service, Inc., (Meyner & Landis, attorneys; Jeffrey L. Reiner and Geralyn A. Boccher on the brief; Robert J. Attaway, Robert S. Zuckerman, Ann E. Isaac and Oliver Trytell, of counsel).
Marvin J. Brauth for defendant, Amerada Hess Corporation, (Wilentz, Goldman & Spitzer, attorneys; Marvin J. Brauth of counsel and on the brief).
Stephen B. Wiley for defendant, United States Lines, Inc., (Wiley, Malehorn & Sirota, attorneys; Stephen B. Wiley of counsel and Robert Goldsmith on the brief).
Michael S. Bokar, Deputy Attorney General, for defendants, State of New Jersey, Department of Labor and Industry of the State of New Jersey, Roger Bodman, Individually and in his capacity as Commissioner of the Department of Labor and Industry, The Division of Unemployment and Disability Insurance and James Ware, Individually and in his capacity as Director of the Division of Unemployment and Disability Insurance (Irwin I. Kimmelman, Attorney General of New Jersey; Michael S. Bokar of counsel and on the brief).
Superior Court of New Jersey, Law Division Union County.
WEISS, J.S.C.
These consolidated cases require this court to construe 26 U.S.C.A. § 3305(f) of the Federal Unemployment Tax Act (FUTA) and the effect, if any, of 46 U.S.C.A. § 601 of the Federal Shipping Commissioner's Act on the authority of the State of New Jersey to require the owners and operators of vessels to withhold a statutorily prescribed contribution to the state unemployment compensation...
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