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CARLIN v. CITY OF NEWARK

36 N.J. Super. 74 (1955)

114 A.2d 761

LEO P. CARLIN, PLAINTIFF, v. THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, BENJAMIN A. LEVINE AND FLOYD LIEBOWITZ, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 27, 1955.

Attorney(s) appearing for the Case

Mr. Richard L. Amster, attorney for plaintiff.

Mr. Vincent P. Torppey, attorney for defendant City of Newark.

Mr. Harold Krieger, attorney for defendants and cross-claimants Benjamin A. Levine and Floyd Liebowitz.

EWART, J.S.C.

By this suit in lieu of a prerogative writ Mayor Carlin of the City of Newark, not in his capacity as a city official but as a citizen, property owner and taxpayer of the city, attacks and seeks to have the court invalidate and set aside a resolution adopted by the old city commission on June 30, 1954 by the terms whereof the city authorized the return to the defendant Schreiber of the sum of $35,000 deposited by the latter with the city clerk on March...

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