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CLARK v. FREEHOLDERS OF HUDSON CTY.

125 N.J. Super. 340 (1973)

311 A.2d 12

THOMAS CLARK, ET AL., PLAINTIFFS-APPELLANTS, v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF HUDSON AND GEORGE M. BONELLI, SHERIFF OF THE COUNTY OF HUDSON, DEFENDANTS-RESPONDENTS. JOSEPH MURRAY, ANTHONY SCALCIONE, FRANCIS MURPHY, AND HUDSON COUNTY SHERIFF'S OFFICERS, PLAINTIFFS-APPELLANTS, v. DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, AND BOARD OF CHOSEN FREEHOLDERS OF HUDSON COUNTY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1973.

Attorney(s) appearing for the Case

Mr. Arthur N. D'Italia argued the cause for appellants in the Clark case (Messrs. Chasan, Leyner, Holland & Tarleton, attorneys; Messrs. Arthur N. D'Italia and John Spadora, on the brief).

Mr. Peter S. Valentine argued the cause for appellants in the Murray case (Messrs. Glickman & Valentine, attorneys; Mr. Edward F. Zampella, of counsel).

Mr. Jay M. Liebman, Assistant County Counsel, argued the cause for respondents Board of Chosen Freeholders of Hudson County and George M. Bonelli, Sheriff of Hudson County (Mr. John J. Geronimo, Hudson County Counsel, attorney).

Mr. John M. Van Dalen, Deputy Attorney General, argued the cause for respondent Civil Service Commission (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Before Judges KOLOVSKY, FRITZ and CRANE.

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

The controversy before us has its genesis in a resolution adopted by the Board of Chosen Freeholders of Hudson County (Board) on December 10, 1970 reading in pertinent part as follows:

1. This Board hereby establishes that the title of Sheriff's Officer in the County of Hudson will be the title employed by this County to encompass the duties of Court Attendant, Process Server and County Correction...

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