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MORRIS CTY. v. CIVIL SERVICE DEPT.

177 N.J. Super. 25 (1980)

424 A.2d 852

COUNTY OF MORRIS, APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF CIVIL SERVICE, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 1980.

Attorney(s) appearing for the Case

John J. Harper, Special Assistant County Counsel, argued the cause for appellant (Armand L. D'Agostino, Morris County Counsel, attorney).

William Harla, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General, attorney; Erminie L. Conley, Assistant Attorney General, of counsel and Peter J. Calderone, Deputy Attorney General, on the brief).

Before Judges BOTTER, KING and McELROY.

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

This case raises the question of whether a physician in the local (county) service is a classified or unclassified official under N.J.S.A. 11:22-2(p) for civil service purposes. The appellant, County of Morris, contends that the Civil Service Commission erred in concluding that a county physician was in the classified service. We agree with appellant and reverse.

On November 8, 1977 the Morris County...

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