STATE v. BURTEN


219 N.J. Super. 156 (1987)

530 A.2d 30

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MARVIN F. BURTEN, RICHARD A. BURTEN AND HOWARD L. KASKEL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1987.


Attorney(s) appearing for the Case

John A. Craner argued the cause for appellant (Craner, Nelson, Satkin & Glazner, attorneys).

Marvin M. Goldstein argued the cause for respondents Marvin F. Burten and Richard A. Burten (Grotta, Glassman & Hoffman, attorneys).

Lawrence P. Platkin argued the cause for respondent Howard L. Kaskel (Robinson, Wayne, Levin, Riccio & LaSala, attorneys).

Alan A. Sant'Angelo, Deputy Attorney General, argued the cause for W. Cary Edwards, Attorney General, amicus curiae.

W. Cary Edwards, attorney pro se.

Before Judges MORTON I. GREENBERG, J.H. COLEMAN and R.S. COHEN.


PER CURIAM.

Following our remand of these proceedings reported at 207 N.J.Super. 53 (App.Div. 1986), the matter came on before Judge Wertheimer who decided the matter in a comprehensive written opinion dated June 20, 1986, 219 N.J.Super. 339. In his opinion he concluded that the prosecution was barred by federal preemption. Consequently, on July 7, 1986 he entered an order dismissing...

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