MIELE v. McGUIRE


31 N.J. 339 (1960)

157 A.2d 306

DANIEL MIELE, JR., PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. JOSEPH McGUIRE, ET AL., DEFENDANTS-APPELLANTS AND CROSS-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 the plaintiff-respondent and cross-appellant (Messrs. Mylod & Mylod, attorneys; Mr. James P. Mylod, of counsel).

Mr. Thomas E. Durkin, Jr., argued the cause for the defendants-appellants and cross-respondents (Mr. William J. Gearty, on the brief).

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


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

The Law Division sustained the plaintiff's claim of tenure under the Veterans' Tenure Act (N.J.S.A. 38:16-1) and ordered his reinstatement but without any back pay. It rejected the defendants' contention that the Korean conflict was not a war within the meaning of the act and that the plaintiff, as a veteran of that conflict, was not entitled to the act's protection. The defendants appealed from the order...

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