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CALDWELL v. N.J. DEPT. OF CORRECTIONS

250 N.J. Super. 592 (1991)

595 A.2d 1118

IN THE MATTER OF THOMAS CALDWELL, HERBERT DOWNING, AND GERALD NEAL, PETITIONERS/APPELLANTS/CROSS-RESPONDENTS, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT/RESPONDENT/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 5, 1991.

Attorney(s) appearing for the Case

Robert A. Fagella argued the cause for appellants (Zazzali, Zazzali, Fagella & Nowak, attorneys).

Robert H. Stoloff, Assistant Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Cynthia A. McCulloch and Rene Y. Blocker, Deputy Attorneys General, on the briefs).

Before Judges KING, LONG and STERN.

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

Petitioners, Thomas Caldwell, Herbert Downing and Gerald Neal, here challenge a decision of the Merit System Board (Board) affirming their termination as correction officers by the Department of Corrections (DOC) for failure to submit to drug testing. DOC cross-appeals from an award of back pay to petitioners for a period during which the Board held that their due process rights were violated. We affirm in part...

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