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CITY OF PASSAIC v. PASSAIC COUNTY

54 N.J. Super. 254 (1959)

148 A.2d 640

CITY OF PASSAIC, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. COUNTY OF PASSAIC, A BODY POLITIC OF THE COUNTY OF PASSAIC, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1959.

Attorney(s) appearing for the Case

Mr. William N. Gurtman argued the cause for appellant.

Mr. Nicholas Martini argued the cause for respondent.

Before Judges CONFORD, FREUND and HANEMAN.

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

Plaintiff appeals from a summary judgment in favor of defendant which was entered in the Passaic County District Court upon cross-motions for summary judgment.

The facts upon which the motions were based were stipulated, and the appeal is founded upon those facts. The essentials are these:

A complaint was filed in the Municipal Court of the City of Passaic against three persons, charging that...

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