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PENNHURST STATE SCHOOL v. ESTATE OF GOODHARTZ

42 N.J. 266 (1964)

200 A.2d 112

PENNHURST STATE SCHOOL, AN INSTRUMENTALITY OF THE COMMONWEALTH OF PENNSYLVANIA, PLAINTIFF-APPELLANT, v. ESTATE OF SAMUEL GOODHARTZ, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 4, 1964.

Attorney(s) appearing for the Case

Mr. Ronald Berman argued the cause for appellant (Mr. Arthur E. Ballen, attorney).

Mr. Martin L. Blatt argued the cause for respondent (Mr. Morris Goldsmith, attorney).

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

The Atlantic County Court dismissed the plaintiff's complaint, without prejudice. The Appellate Division affirmed and we certified on the plaintiff's application. 40 N.J. 510 (1963).

The plaintiff in its complaint alleged that it is an instrumentality of the Commonwealth of Pennsylvania and that Irvin Goodhartz, a mental incompetent, was placed in its care and custody in 1940...

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