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TIBBS v. BD. OF ED. OF TP. OF FRANKLIN

114 N.J. Super. 287 (1971)

276 A.2d 165

TANYA TIBBS, INFANT, BY HER GUARDIANS, MR. & MRS. HAROLD DIGGS; NELLIE HARRELL, INFANT, BY HER GUARDIANS, MR. AND MRS. SAMUEL SPURGEON; GENSEY LAWRENCE, INFANT, BY HER GUARDIANS, MR. & MRS. NORRIS LAWRENCE; DENISE AVERETTE, INFANT, BY HER GUARDIANS, MR. & MRS. WILLIE AVERETTE, AND OTHERS SIMILARLY AFFECTED, APPELLANTS, v. BOARD OF EDUCATION OF THE TOWNSHIP OF FRANKLIN (SOMERSET COUNTY), RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1971.

Attorney(s) appearing for the Case

Mr. James B. Ventantonio (Director, Somerset County Legal Services) argued the cause for appellants (Messrs. Michael D. Lang and William J. Zaino on the brief).

Mr. Leonard N. Arnold argued the cause for respondent.

Before Judges CONFORD, KOLOVSKY and CARTON.

PER CURIAM.

The expulsions of appellants are reversed and set aside for failure to produce the accusing witnesses for testimony and cross-examination.

The matters are remanded to the Commissioner of Education for rehearing de novo of the charges on which appellants were expelled should the local school authorities choose to prosecute them. No costs.

CONFORD, P.J.A.D. (concurring)

The per curiam opinion of the court represents...

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