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ZAHN v. DEPT. OF CIVIL SERVICE, STATE OF N.J.

13 N.J. Super. 247 (1951)

80 A.2d 449

ANDREW J. ZAHN, PLAINTIFF-APPELLANT, v. DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY AND WILLIAM S. CARPENTER, PRESIDENT THEREOF, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1951.

Attorney(s) appearing for the Case

Mr. Walter D. Van Riper, attorney for and of counsel with appellant.

Mr. John W. Griggs argued the cause for the defendants-respondents (Mr. Theodore D. Parsons, Attorney-General of New Jersey, attorney).

Before Judges FREUND, PROCTOR and ROGERS.

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

Plaintiff appeals from a ruling of the President of the Civil Service Commission of the Department of Civil Service in a "letter decision" dated June 7, 1950.

In the spring of 1950, the then chief engineer of the Irvington fire department was retired, effective as of May 15, 1950. There were only three persons, including plaintiff, eligible to take the...

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