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WITKOWSKI v. BURKE

3 N.J. Super. 266 (1949)

65 A.2d 781

CHARLES S. WITKOWSKI, PLAINTIFF, v. FRANCIS X. BURKE, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided April 14, 1949.

Attorney(s) appearing for the Case

Mr. John B. Graf, attorney for the plaintiff.

Mr. Charles A. Rooney (Mr. Charles Hershenstein, of counsel), attorney for the defendant.

Before Judge WILLIAM J. BRENNAN, JR.

BRENNAN, WM. J., JR., J.S.C.

The complaint herein was filed April 8, 1949, as a proceeding under Rule 3:81, superseding prerogative writs, and by motion made under Rule 3:81-4 the plaintiff applies for summary judgment.

While the complaint does not demand the performance of a ministerial act or duty (and there may be doubt of the applicability of Rule 3:81-4) defendant, allegedly because of the public importance of the controversy and...

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