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BERNSTEIN v. KROM

111 N.J. Super. 559 (1970)

270 A.2d 51

NATHAN BERNSTEIN, AS A CITIZEN AND TAXPAYER OF THE BOROUGH OF POMPTON LAKES, PLAINTIFF-RESPONDENT, v. DONALD KROM AND THE MAYOR AND COUNCIL OF THE BOROUGH OF POMPTON LAKES, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1970.

Attorney(s) appearing for the Case

Mr. Lawrence T. Isenberg argued the cause for appellants (Messrs. Isenberg & Isenberg, attorneys).

Mr. Jerome A. Vogel argued the cause for respondent (Messrs. Jeffer, Walter, Tierney, DeKorte, Hopkinson & Vogel, attorneys).

Before Judges SULLIVAN, COLLESTER and LABRECQUE.

PER CURIAM.

Defendants appeal from a summary judgment ordering the mayor and council of the Borough of Pompton Lakes to adopt a resolution directing the borough attorney to institute an action to recover salary overpayments made to the mayor and other members of the governing body of the borough holding office from January 1, 1967 onward.

By his complaint in lieu of prerogative writs plaintiff Nathan Bernstein, a taxpayer, sought, so far as concerned the present...

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