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DUELLY v. PENSION COM. OF EAST ORANGE

14 N.J. Super. 90 (1951)

81 A.2d 375

SADIE E. DUELLY, PLAINTIFF-APPELLANT, v. PENSION COMMISSION OF THE CITY OF EAST ORANGE, CREATED UNDER CHAPTER 160, LAWS OF 1920, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 1951.

Attorney(s) appearing for the Case

Mr. James E. Fagan argued for plaintiff-appellant (Messrs. Gilhooly, Yauch and Fagan, attorneys).

Mr. Walter C. Ellis argued for defendant-respondent.

Before Judges FREUND, PROCTOR and SCHETTINO.

The opinion of the court was delivered by SCHETTINO, J.S.C.

Plaintiff sought a declaratory judgment that she is an "active member" of the East Orange Police Department, within the meaning of R.S. 43:16-17, and as such is eligible for retirement by reason of her age and years of service. That she is a member of the police force is conceded, but defendant contends that she is an "employee member," and as such is not eligible for retirement because plaintiff has...

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