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NEWARK v. CRASTER

28 N.J. Super. 49 (1953)

100 A.2d 306

CITY OF NEWARK, A MUNICIPAL CORPORATION, PLAINTIFF-APPELLANT, v. CHARLES V. CRASTER AND BOARD OF TRUSTEES OF THE NEWARK BOARD OF HEALTH PENSION FUND ASSOCIATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1953.

Attorney(s) appearing for the Case

Mr. Joseph A. Ward argued the cause for the plaintiff-appellant (Mr. Horace S. Bellfatto, attorney).

Mr. Michael N. Chanalis argued the cause for the defendant-respondent Charles V. Craster (Messrs. Chanalis, Lynch & Maloney, attorneys).

Mr. John J. Clancy, attorney, argued the cause for the Newark Board of Health Pension Fund Association (Mr. Edward W. Connolly, on the brief).

Before Judges EASTWOOD, JAYNE and FRANCIS.

The opinion of the court was delivered by EASTWOOD, S.J.A.D.

The plaintiff, City of Newark (hereinafter referred to as "the city"), appeals from a summary judgment of dismissal of the Law Division, in an action seeking to compel the defendant, Dr. Charles V. Craster, to return certain contributions he had made to the Newark Board of Health Pension Fund Association and which had been refunded to him by the Pension Fund Association.

Dr. Craster was employed...

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