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KOCHMAN v. KEANSBURG BD. OF ED.

124 N.J. Super. 203 (1973)

305 A.2d 807

JAMES V. KOCHMAN AND JOHN N. GISH, JR., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS, v. KEANSBURG BOARD OF EDUCATION AND PARAMUS BOARD OF EDUCATION, INDIVIDUALLY AND ON BEHALF OF ALL OTHER SCHOOL BOARDS SIMILARLY SITUATED; CARL L. MARBURGER, IN HIS CAPACITY AS COMMISSIONER OF EDUCATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 31, 1973.

Attorney(s) appearing for the Case

Mr. Edward Carl Broege argued the cause for plaintiffs (Messrs. Ball, Broege, Elwell, Livingston & Roberts, Attorneys; Ms. Anne W. Elwell, on the brief).

Mr. Patrick D. Healy argued the cause for defendant Keansburg Board of Education (Messrs. Healy & Falk, Attorneys).

Mr. Joseph A. Rizzi argued the cause for defendant Paramus Board of Education (Messrs. Winne & Banta, Attorneys).

Mr. Lewis M. Popper, Deputy Attorney General, argued the cause for defendant Carl L. Marburger, Commissioner of Education (Mr. George F. Kugler, Jr., Attorney General, Attorney).

LANE, J.S.C.

This action challenging the constitutionality of N.J.S.A. 18A:16-2 is before the court on final hearing.

N.J.S.A. 18A:16-2 provides:

Every board of education shall require all of its employees, and may require any candidate for employment, to undergo a physical examination, the scope whereof shall be determined under rules of the state board, at least once in every year and may require additional individual psychiatric or...

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