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CLAYTON ET AL. v. KERVICK, ET AL.

52 N.J. 138 (1968)

244 A.2d 281

JOSEPH E. CLAYTON, ACTING COMMISSIONER OF THE NEW JERSEY DEPT. OF EDUCATION AND THE NEW JERSEY EDUCATIONAL FACILITIES AUTHORITY, A PUBLIC CORPORATION AND GOVERNMENT INSTRUMENTALITY IN THE DEPARTMENT OF EDUCATION, PLAINTIFFS-RESPONDENTS, AND ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES IN NEW JERSEY, PLAINTIFF-INTERVENOR-RESPONDENT, v. JOHN A. KERVICK, STATE TREASURER OF NEW JERSEY, DEFENDANT-APPELLANT, AND HOWARD LEVINE, JACQUELINE LEVINE, JOSEPH MARZELL AND BELLE MARZELL, DEFENDANTS-INTERVENORS.

The Supreme Court of New Jersey..

Argued June 4, 1968.

Decided June 28, 1968.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp argued the cause for the defendant-appellant (Mr. Arnold K. Mytelka, of counsel).

Mr. Stephen G. Weiss, Deputy Attorney General, argued the cause for the plaintiffs-respondents (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. Clyde A. Szuch argued the cause for the plaintiff-intervenor (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Joel A. Wolff, on the brief).

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

The defendant John A. Kervick, State Treasurer of New Jersey, appealed to the Appellate Division from a partial summary judgment entered in the Law Division. We certified the matter before argument in the Appellate Division.

In June 1963 Governor Hughes announced the appointment of a committee to review New Jersey's higher education facilities with a view towards overall policy recommendations. In due course...

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