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CRIVELLO v. BOARD OF ADJUST. OF BOROUGH OF MIDDLESEX

Civ. No. 1152-59.

183 F.Supp. 826 (1960)

Salvatore CRIVELLO, William A. Miller and Charles Bernstein, Plaintiffs, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF MIDDLESEX, etc., et al., Defendants.

United States District Court D. New Jersey.

June 1, 1960.

Attorney(s) appearing for the Case

John T. Keefe, New Brunswick, N. J., for plaintiffs.

Chester A. Weidenburner, U. S. Atty., D. of New Jersey, Newark, N. J., by Kester R. Pierson, Asst. U. S. Atty., Princeton, N. J., for defendants.

WILLIAM F. SMITH, Chief Judge.

This is a proceeding in lieu of a prerogative writ of certiorari—denominated a "civil action at law"—commenced in the Superior Court of New Jersey, Law Division, under Rule 4:88 of the local Rules of Civil Practice. The complaint attacks the validity of a resolution adopted by the Board of Adjustment of the Borough of Middlesex and prays that it be set aside; the relief sought is a judicial review of the Board's action...

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