PROFESSIONAL PLAN EXAMINERS OF N.J. v. LEFANTE

No. 83-5775.

750 F.2d 282 (1984)

PROFESSIONAL PLAN EXAMINERS OF NEW JERSEY, INC., Herbert J. Connington, Aram C. Hamalian, Edward J. Israel and Richard Conway v. Joseph A. LEFANTE, Commissioner of the Department of Community Affairs, State of New Jersey, Charles M. Decker and William H. Connolly, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 20, 1984.


Attorney(s) appearing for the Case

Irwin I. Kimmelman, Atty. Gen., John J. Ciancia, Asst. Atty. Gen., John J. Chernoski, Deputy Atty. Gen. (argued), Division of Law, Trenton, N.J., for appellants.

John A. Brogan (argued), Thomas J. Spies, Walder, Sondak, Berkeley & Brogan, Roseland, N.J., for appellees.

Before SLOVITER, BECKER Circuit Judges, and FULLAM, District Judge.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

The underlying issue on the merits in this litigation is whether certain provisions of New Jersey's Uniform Construction Code Act, enacted in October 1975, and regulations promulgated thereunder are unconstitutional and violate the antitrust laws. The particular issues before us are whether the district court erred in extending its order temporarily restraining the state agency from enforcing the Act against...

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