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CITY COUNCIL OF GARFIELD v. PERRAPATO

117 N.J. Super. 184 (1971)

284 A.2d 184

THE CITY COUNCIL OF THE CITY OF GARFIELD, MICHAEL GLOWA, NICHOLAS VIOLANTE, GEORGE FABRICI AND ALFRED SONDEJ, PLAINTIFFS-APPELLANTS, v. CARMINE J. PERRAPATO, CHIEF OF POLICE OF THE CITY OF GARFIELD, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1971.

Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for appellants (Messrs. Chandless, Weller & Kramer, attorneys; Mr. Chandless, of counsel).

Mr. Vincent P. Rigolosi argued the cause for respondent.

Before Judges KILKENNY, LABRECQUE and LANE.

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

The complaint sought a declaratory judgment that the "assignments to duty of the individual plaintiffs by the defendant Chief of Police were illegal and beyond the power and authority of the defendant Chief." Before answer filed defendant moved to dismiss the complaint on the grounds that the individual plaintiffs had failed to exhaust their administrative remedies; that the plaintiffs were estopped by a judgment...

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