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MEYERS v. MAYOR AND COUNCIL OF BOROUGH OF EAST PATERSON

21 N.J. 357 (1956)

122 A.2d 337

WILLIAM F. MEYERS, RICHARD DAALDER AND BYRON MORGAN, PLAINTIFFS-RESPONDENTS, v. MAYOR AND COUNCIL OF THE BOROUGH OF EAST PATERSON; WALTER A. BREDDER, CLERK OF THE BOROUGH OF EAST PATERSON, MICHAEL GEMZA, COLLECTOR OF THE BOROUGH OF EAST PATERSON, AND LOUIS DODERO, MAYOR OF THE BOROUGH OF EAST PATERSON, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 23, 1956.

Attorney(s) appearing for the Case

Mr. Herbert A. Chary argued the cause for appellants (Mr. R. Sery Nicesia, attorney for Mayor and Council of East Paterson; Mr. Herbert A. Chary, attorney for Michael Gemza, Collector of East Paterson).

Mr. Mervyn R. Montgomery argued the cause for respondents (Mr. Arthur J. Messineo, attorney).

The opinion of the court was delivered by HEHER, J.

The issue here is whether an ordinance adopted by the governing body of the Borough of East Paterson on June 17, 1954, purporting to "fix" the salary of the borough's collector of taxes and treasurer, the appellant Gemza, transgresses R.S. 40:46-23, as amended by L. 1948, c. 282, empowering the governing bodies of municipalities to fix and determine the...

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