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Penthouse International Ltd. v. Eastman Kodak Co.

New Jersey Superior Court, Appellate Division


Decided: April 2, 1982.

PENTHOUSE INTERNATIONAL LTD., PLAINTIFF-APPELLANT, CROSS-RESPONDENT,
v.
EASTMAN KODAK COMPANY, DEFENDANT-RESPONDENT, CROSS-APPELLANT

On appeal from the Superior Court of New Jersey, Chancery Division, Bergen County, whose opinion is reported in 179 N.J. Super. 155.

Matthews, Pressler and Petrella.

Per Curiam

[184 NJSuper Page 131]

The judgment of the Chancery Division is affirmed substantially for the reasons expressed by Judge Lester in his opinion which is reported in 179 N.J. Super. 155.

Absent proof that the process of defendant is akin to a monopoly or constitutes by analogy a public utility, we agree that defendant may assert the conditions here involved when accepting film for processing.

19820402


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