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KEARNY GENERATING SYS., PUB. SERV. DIV. v. ROPER

184 N.J. Super. 253 (1982)

445 A.2d 1159

KEARNY GENERATING SYSTEM, DIVISION OF PUBLIC SERVICE, RESPONDENT-APPELLANT, v. RICHARD ROPER AND NEW JERSEY DIVISION ON CIVIL RIGHTS, COMPLAINANT-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1982.

Attorney(s) appearing for the Case

Patrick J. McCarthy argued the cause for appellant (Rosen, Gelman & Weiss, attorneys; Howard T. Rosen of counsel; Robert Crane on the brief).

Kenneth H. Williams argued the cause for respondent Richard Roper (Owens, Banks & Williams, attorneys; Kenneth H. Williams of counsel and on the brief).

Joseph M. Gorrell, Deputy Attorney General, argued the cause for respondent Division on Civil Rights (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James R. Zazzali, former Attorney General of New Jersey; Andrea M. Silkowitz, Deputy Attorney General, of counsel; Joseph M. Gorrell on the brief).

Before Judges BISCHOFF, KING and POLOW.

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

Defendant Kearny Generating System, Division of Public Service, (Kearny) appeals from a final determination of the Director of the Division on Civil Rights finding that Kearny violated N.J.S.A. 10:5-4 and N.J.S.A. 10:5-12 a in that it discriminated against plaintiff Richard Roper on the basis of race.

On September 7, 1973 plaintiff applied for a position as utility man with Public Service...

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