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CONKLIN v. CITY OF EAST ORANGE

73 N.J. 198 (1977)

373 A.2d 996

WILLIAM W. CONKLIN, PETITIONER-APPELLANT, v. CITY OF EAST ORANGE, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 13, 1977.

Attorney(s) appearing for the Case

Mr. Ernest N. Giannone argued the cause for appellant (Messrs. Giannone & Capone, attorneys).

Mr. Alfred F. Carolonza, Jr., argued the cause for respondent.

The opinion of the court was delivered by SULLIVAN, J.

This appeal involves the interplay between two statutes. The first is N.J.S.A. 34:15-43, a section of the Workmen's Compensation Act, which makes the Act applicable to public employees but contains the following limitation:

"No former employee who has been retired on pension by reason of injury or disability shall be entitled under this section to compensation for such injury or disability; provided...

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