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GILL v. HAMILTON TWP. BOARD OF EDUCATION

44 N.J. Super. 79 (1957)

129 A.2d 753

HENRY F. GILL, PLAINTIFF-RESPONDENT, v. THE BOARD OF EDUCATION OF THE TOWNSHIP OF HAMILTON, IN THE COUNTY OF MERCER AND STATE OF NEW JERSEY, AND WILLIAM HENRY LAWTON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1957.

Attorney(s) appearing for the Case

Mr. Frank I. Casey argued the cause for defendants-appellants.

Mr. George Pellettieri argued the cause for plaintiff-respondent (Messrs. Pellettieri & Rabstein, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The Law Division held that plaintiff holds tenure as attorney for the Board of Education of the Township of Hamilton as a war veteran under the provisions of N.J.S.A. 38:16-1. The defendants appeal on the single ground that plaintiff's appointments to this position, properly construed, were each for a fixed term and that in such case the statute by its terms does not confer tenure.

Plaintiff...

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