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BRENNAN v. BYRNE

31 N.J. 333 (1960)

157 A.2d 303

CYRIL P. BRENNAN, PLAINTIFF-APPELLANT, v. BRENDAN T. BYRNE, DEPUTY ATTORNEY GENERAL, ETC., ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 11, 1960.

Attorney(s) appearing for the Case

Mr. Philip J. Mylod argued the cause for appellant (Messrs. Mylod & Mylod, attorneys; Mr. James P. Mylod, of counsel).

Mr. John F. Crane, Deputy Attorney General, argued the cause for respondents David D. Furman, Attorney General of New Jersey and Brendan T. Byrne, Prosecutor, Essex County (Mr. David D. Furman, Attorney General of New Jersey, attorney).

Mr. John Tomasin, Attorney for the Department of New Jersey, Disabled American Veterans, filed a brief amicus curiae.

The opinion of the court was delivered by JACOBS, J.

The Law Division entered a judgment dismissing the plaintiff's complaint and the plaintiff appealed to the Appellate Division. We certified the appeal on our own motion while it was pending in the Appellate Division.

On or about July 15, 1955 Essex County Prosecutor Webb appointed the plaintiff as a county investigator and a resolution approving the appointment was adopted by the Board of Chosen Freeholders...

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