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JACOBS v. N.J. STATE HIGHWAY AUTHORITY ET AL.

101 N.J. Super. 572 (1968)

245 A.2d 58

WILLIAM T. JACOBS, PLAINTIFF-APPELLANT, v. NEW JERSEY STATE HIGHWAY AUTHORITY, GARDEN STATE PARKWAY, D. LOUIS TONTI, EXECUTIVE DIRECTOR, AND SYLVESTER C. SMITH, CHAIRMAN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1968.

Attorney(s) appearing for the Case

Mr. Frederick E. Popovitch argued the cause for appellant (Messrs. Toolan, Romond & Burgess, attorneys).

Mr. Theodore W. Geiser argued the cause for respondents (Messrs. Pindar, McElroy, Connell & Foley, attorneys; Miss Sonia Napolitano, on the brief).

Before Judges GOLDMANN, KILKENNY and CARTON.

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

The issue in this case is the power of the New Jersey State Highway Authority to adopt a regulation requiring its employees to retire at age 65. Appellant Jacobs, having been forced to retire pursuant to this administrative mandate, filed a complaint in the Chancery Division on August 14, 1967. The cause was transferred to this court in accordance with R.R. 1:27D.

Jacobs was employed by...

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