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ROSELLE v. MOONACHIE

49 N.J. Super. 35 (1958)

139 A.2d 42

SALVATORE ROSELLE, PLAINTIFF-RESPONDENT, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF MOONACHIE, A MUNICIPAL CORPORATION IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1958.

Attorney(s) appearing for the Case

Mr. Joseph M. Lynch argued the cause for defendants-appellants (Mr. Guy W. Calissi, attorney).

Mr. Seymour Gelzer argued the cause for plaintiff-respondent (Mr. Seymour Cohen, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

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

In this appeal we granted rehearing on petition, plaintiff having called to our attention an inadvertent misstatement of a possibly material fact in the opinion of the court filed December 6, 1957, Roselle v. Mayor & Council of Borough of Moonachie, 48 N.J.Super. 17, 22 (App. Div. 1957), to which we refer for the full background of this controversy. We then said that the March 4, 1957 stay...

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