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RIDDLESTORFFER v. CITY OF RAHWAY

82 N.J. Super. 36 (1963)

196 A.2d 550

SIDNEY RIDDLESTORFFER, JR., AND MAUDE RIDDLESTORFFER, PLAINTIFFS, v. CITY OF RAHWAY, ROBERT HENDERSON, AS MAYOR, ROBERT SCHROF, AS CLERK AND AS BUSINESS ADMINISTRATOR, JAMES J. KINNEALLY, AS TREASURER, EUGENE KENNA, AS CHIEF AUDITOR, AND CLIFFORD E. COMER, AS PRESIDENT OF THE COUNCIL OF THE CITY OF RAHWAY, AND MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 20, 1963.

Attorney(s) appearing for the Case

Mr. Orlando H. Dey for plaintiffs.

Mr. Joseph M. Feinberg for defendants City of Rahway, Robert Henderson, Robert Schrof, James J. Kinneally, Eugene Kenna and Clifford E. Comer (Messrs. Feinberg & Feinberg, attorneys, Mr. Fred Dubowsky on the brief).

Mr. Eugene M. Haring for defendant Massachusetts Mutual Life Insurance Company (Messrs. McCarter & English, attorneys).

FELLER, J.S.C.

This is a suit in lieu of prerogative writs, brought by two taxpayers of the City of Rahway against the city, various city officials and the Massachusetts Mutual Life Insurance Company, a Massachusetts corporation authorized to do business in New Jersey.

Plaintiffs contend a contract between the city and the insurance company is unconstitutional, ultra vires, illegal and null and void. They seek rescission and repayment of any moneys...

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