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GROSS v. N.J. ARMY NATIONAL GUARD

118 N.J. Super. 150 (1972)

286 A.2d 736

PHILIP GROSS, PLAINTIFF, v. NEW JERSEY ARMY NATIONAL GUARD, MAJOR GENERAL WILLIAM SHARP, THE CHIEF OF STAFF, NEW JERSEY ARMY NATIONAL GUARD, AND MAJOR WILLIAM COONEY, COMMANDER 2ND BATTALLION 50TH ARMOR DIVISION NEW JERSEY ARMY NATIONAL GUARD, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 10, 1972.

Attorney(s) appearing for the Case

Mr. Donald B. Devin, for plaintiff.

Mr. George F. Kugler, Jr., Attorney General of New Jersey, for defendants (Mr. Theodore A. Winard, Deputy Attorney General, appearing).

MEHLER, J.S.C. (orally).

This is an action heard summarily pursuant to R. 4:67-1, which authorizes the court to hear cases in a summary manner where permitted by rule or statute.

The action is one brought under the habeas corpus statute, N.J.S.A. 2A:67-1 et seq., and more particularly § 13, to inquire into the cause of plaintiff's detention by the New Jersey Army National Guard (National Guard) and to compel the Chief of Staff...

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