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BOR. OF STONE HARBOR v. WILDWOOD LOC. 59, P.B.A.

164 N.J. Super. 375 (1978)

396 A.2d 607

BOROUGH OF STONE HARBOR, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILDWOOD LOCAL 59, POLICEMEN'S BENEVOLENT ASSOCIATION OF NEW JERSEY, AND DANIEL LLOYD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 3, 1978.

Reargued December 11, 1978.

Decided on Reconsideration December 29, 1978.

Attorney(s) appearing for the Case

Mr. William M. Balliette, Jr. argued the cause for appellant (Messrs. Cafiero and Balliette, attorneys).

Mr. David S. Solomon argued the cause for respondent P.B.A. Local 59 (Messrs. Schneider, Cohen & Solomon, attorneys).

Mr. Robert L. Taylor argued the cause for respondent Daniel Lloyd (Messrs. Way, Way & Goodkin, attorneys).

Mr. James P. Zazzali argued for amicus curiae New Jersey State Policemen's Benevolent Association (Messrs. Zazzali, Zazzali & Whipple, attorneys).

Before Judges FRITZ, BISCHOFF and MORGAN.

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

Plaintiff Borough of Stone Harbor, a municipality which has not elected to employ under civil service, appeals from a trial court denial of its application for an injunctive order restraining defendant Daniel Lloyd, a former police officer discharged on a finding of cause therefor, from submitting the disciplinary charges brought against him to arbitration.

The pertinent facts are not disputed. On June...

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