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CHAMBER OF COMMERCE E. UNION CTY. v. LEONE

141 N.J. Super. 114 (1976)

357 A.2d 311

CHAMBER OF COMMERCE OF EASTERN UNION COUNTY, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY; THE ELIZABETH DAILY JOURNAL, A DIVISION OF MID-ATLANTIC NEWSPAPERS, INC., A CORPORATION OF THE STATE OF NEW JERSEY; C. THOMAS THOMAS; JAMES M. Mc GOWAN, PLAINTIFFS, v. RICHARD LEONE, TREASURER OF THE STATE OF NEW JERSEY; THE LEGISLATURE OF THE STATE OF NEW JERSEY; S. HOWARD WOODSON, SPEAKER OF THE GENERAL ASSEMBLY; FRANK J. DODD, PRESIDENT OF THE SENATE; BRENDAN BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY; F. JOSEPH CARRAGHER, ACTING SECRETARY OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 12, 1976.

Attorney(s) appearing for the Case

Messrs. John M. Boyle and William A. Cambria for plaintiffs (Messrs. Sauer, Boyle, Dwyer and Canellis, attorneys).

Mr. Theodore A. Winard, Assistant Attorney General, for defendants Leone, Byrne and Carragher (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. David J. Goldberg for defendants General Assembly and Speaker of the General Assembly (Messrs. Warren. Goldberg & Berman, attorneys).

Mr. John P. Nulty for defendants Frank J. Dodd and New Jersey Senate (Messrs. DeCotiis, Nulty & Hayden, attorneys).

ACKERMAN, J.S.C.

This matter is before the court on cross-motions for summary judgment. The motions arise out of an action challenging the constitutionality of the Legislative Pension Act of 1972, N.J.S.A. 43:15A-135 through 43:15A-140, and the constitutional validity of a law appropriating monies to provide legislators with district home offices, L. 1974, cc. 58 and 83. Plaintiffs are individual...

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