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MAYER v. BD. OF COMM'RS OF PASSAIC

52 N.J. Super. 127 (1958)

145 A.2d 23

ROBERT L. MAYER, PLAINTIFF-APPELLANT, v. BOARD OF COMMISSIONERS OF THE CITY OF PASSAIC, A MUNICIPAL CORPORATION OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1958.

Attorney(s) appearing for the Case

Mr. Mervyn R. Montgomery argued the cause for the plaintiff-appellant (Mr. William R. Brogan, attorney).

Mr. Oscar R. Wilensky argued the cause for defendants-respondents (Mr. Carl V. Greenburg on the brief).

Before Judges PRICE, SCHETTINO and GAULKIN.

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

By this appeal plaintiff seeks to reverse the action of the Superior Court, Law Division, in entering summary judgment in favor of defendants in a proceeding in lieu of prerogative writ in which plaintiff challenged the propriety of the temporary appointment of defendant Joseph Berenbach by the City of Passaic to the position of sanitation general foreman. Plaintiff sought also a declaration declaring null...

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