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INTERNATIONAL BROTH. OF ELEC. WORKERS v. GILLEN

174 N.J. Super. 326 (1980)

416 A.2d 446

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 1470, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. JOHN P. GILLEN, SHERIFF OF HUDSON COUNTY AND WESTERN ELECTRIC COMPANY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1980.

Attorney(s) appearing for the Case

Kathleen M. Grant argued the cause for defendant-appellant and cross-respondent Sheriff of Hudson County (Harold Krieger, attorney; Archie Usdin on the brief).

James M. Shashaty argued the cause for plaintiff-respondent and cross-appellant (Fontanella, Shashaty, Leonard & Harris, attorneys; Alfred E. Fontanella, of counsel and on the brief).

Before Judges LORA, ANTELL and PRESSLER.

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

Plaintiff sued to compel the Sheriff of Hudson County to lift his levy of execution on monies owing to plaintiff. The writ of execution had been issued upon a money judgment entered in a previous action against plaintiff which was settled after the levy, and the sheriff refused to lift his levy until he was paid the commission he contends is due for serving the writ. Plaintiff responded that the sheriff is entitled...

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