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TUBRIDY v. CONSOLIDATED, ETC., PENSION COMMISSION

84 N.J. Super. 257 (1964)

201 A.2d 736

JOHN J. TUBRIDY, PLAINTIFF-APPELLANT, v. CONSOLIDATED POLICE AND FIREMEN'S PENSION FUND COMMISSION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1964.

Attorney(s) appearing for the Case

Mr. Benjamin H. Chodash argued the cause for appellant (Messrs. Krieger & Chodash, attorneys).

Mr. Richard Newman, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Vincent E. Hull, Jr., Law Assistant, of counsel).

Before Judges CONFORD, FREUND and SULLIVAN.

The opinion of the court was delivered by CONFORD, S.J.A.D.

The issue here is whether a retirement pension granted plaintiff by the Consolidated Police and Firemen's Pension Fund Commission of the State of New Jersey ("Pension Fund," hereinafter) was properly based upon plaintiff's $4,700 salary received prior to February 16, 1952 as a captain in the Jersey City paid fire department, or whether it should have been based...

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