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DIOCESE OF NEWARK v. BURNS

83 N.J. 594 (1980)

417 A.2d 31

THE DIOCESE OF NEWARK, THE TRUSTEES OF THE EPISCOPAL FUND AND DIOCESAN PROPERTIES OF THE DIOCESE OF NEWARK, AND THE RIGHT REVEREND GEORGE E. RATH, PLAINTIFFS-RESPONDENTS, v. WILLIAM F. BURNS, AND THE RECTOR, WARDENS AND VESTRYMEN OF SAINT MARK'S CHURCH IN ORANGE, NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 24, 1980.

Attorney(s) appearing for the Case

Bruce D. Shoulson argued the cause for appellants (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys; Bruce D. Shoulson and Robin A. Rolfe, on the briefs).

Eugene M. Haring argued the cause for respondents (McCarter & English, attorneys; Eugene M. Haring and Gita F. Rothchild, on the brief).

Adrian M. Foley, Jr., submitted a brief on behalf of amicus curiae The Roman Catholic Diocese of Newark (Connell, Foley & Geiser, attorneys; Robert J. Kelly, on the brief).

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

This case is before us on certification of defendants' appeal pending unheard in the Appellate Division. 82 N.J. 268 (1979). The factual background and issues involved are almost identical to those considered in The Protestant Episcopal Church v. Graves, 83 N.J. 572 (1980), also decided today. Plaintiffs herein are the Diocese of Newark of...

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