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DUNNE v. FIREMAN'S FUND AM. INS. CO.

69 N.J. 244 (1976)

353 A.2d 508

JOHN DUNNE, ROBERT BICKLEY AND FRANK SPANN, PLAINTIFFS-RESPONDENTS, v. FIREMAN'S FUND AMERICAN INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND THE COUNTY OF MORRIS, DEFENDANT-THIRD PARTY PLAINTIFF-APPELLANT, v. THE STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 24, 1976.

Attorney(s) appearing for the Case

Mr. John H. Dorsey argued the cause for appellant.

Mr. Richard W. Berg, Deputy Attorney General, argued the cause for respondent State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Berg and Mr. Steven Leonard Strelitz, Deputy Attorneys General, on the briefs and of counsel).

Mr. Herbert M. Korn argued the cause for respondents Dunne, Bickley and Spann (Mr. Stephen S. Weinstein, attorney).

Mr. Clifford W. Starrett argued the cause for respondent Fireman's Fund American Insurance Company (Messrs. Schenck, Price, Smith & King, attorneys).

The opinion of the Court was delivered by SCHREIBER, J.

This is another round in the litigation of Paul and Irene Cashen against three Morris County detectives, John Dunne, Robert Bickley and Frank Spann, for monetary redress because of an illegal search of the Cashen home in June 1970. Illegality resulted from the allegedly erroneous affidavit upon which the search warrant issued. We are now called upon to decide whether the County of Morris, or its liability insurance...

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