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AMANTIA v. CANTWELL

89 N.J. Super. 7 (1965)

213 A.2d 251

DOMINIC S. AMANTIA ET AL., PETITIONERS, v. JAMES F. CANTWELL, AS REQUEST OFFICER FOR THE DEPARTMENT OF DEFENSE, AND JOHN A. KERVICK, TREASURER, OF THE STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 1965.

Attorney(s) appearing for the Case

Mr. George Warren argued the cause for petitioners (Mr. William L. Boyan, on the brief).

Mr. Donald M. Altman argued the cause for respondents (Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges MINTZ, PASHMAN and MATTHEWS.

PER CURIAM.

Petitioners, full-time employees in the New Jersey Department of Defense, who are required to be members of the New Jersey National Guard as a condition of their employment, seek a declaratory judgment that they are entitled to differential pay pursuant to N.J.S.A. 38:12-4 and 5 as amended by L. 1953, c. 82 (now N.J.S. 38A:4-4 and 5). They also seek relief in the nature of mandamus to compel respondents to request an...

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