HELDUSER v. KIMMELMAN


191 N.J. Super. 493 (1983)

467 A.2d 1094

HARRY F. HELDUSER, III, PLAINTIFF-APPELLANT, v. IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT. WILLIAM H. POWELL, III, PLAINTIFF-APPELLANT, v. IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Argued June 7, 1983.

Decided October 14, 1983.


Attorney(s) appearing for the Case

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent in Helduser v. Kimmelman (James J. Ciancia, Assistant Attorney General, of counsel; Jerry Fischer, Deputy Attorney General, on the brief).

Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys for appellant Helduser (Lance D. Cassak on the brief; Gerald Krovatin of counsel and on the brief).

Arnold Robinson argued the cause for appellant Powell (Jacob & Robinson, attorneys; Arnold Robinson on the brief).

Peter R. Freed, Deputy Attorney General, argued the cause for respondent in Powell v. Kimmelman (Irwin I. Kimmelman, Atty. Gen., attorney; Peter R. Freed, Deputy Atty. Gen., on the brief; James J. Ciancia, Asst. Atty. Gen., of counsel).

Before Judges BOTTER, POLOW and BRODY.


Helduser v. Kimmelman, Submitted June 7, 1983.

Powell v. Kimmelman, Argued June 7, 1983.

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

These consolidated1 appeals were filed by suspended members of the state police, Harry F. Helduser, III, a state trooper, and William H. Powell, III, a detective, who seek reimbursement of counsel fees and costs incurred in defending themselves against criminal charges on which...

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