BORTEL v. BD. OF ED., CHERRY HILL TP.


95 N.J. Super. 289 (1967)

230 A.2d 897

SAMUEL B. BORTEL, JR., SAMUEL POLLOCK AND FRANK P. PRIMIANO, PLAINTIFFS, v. THE BOARD OF EDUCATION OF THE TOWNSHIP OF CHERRY HILL, IN THE COUNTY OF CAMDEN, NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided May 31, 1967.


Attorney(s) appearing for the Case

Mr. William B. Hutchinson, Jr. for plaintiffs.

Mr. Edward H. Flemming for defendant.


WICK, J.S.C.

This is an action for declaratory judgment seeking to have N.J.S.A. 43:3-1 declared to be unconstitutional both on its face and also insofar as it affects the right of the individual plaintiffs to receive the benefits of previously earned pensions.

The facts of the case are not disputed, and the entire cause of action has been submitted to the court on memoranda filed by the opposing parties. The State of New Jersey, through the office...

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