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WALLACE v. CITY OF ATLANTIC CITY

257 N.J. Super. 404 (1992)

608 A.2d 480

HENRY WALLACE, PLAINTIFF, v. CITY OF ATLANTIC CITY, DEFENDANT.

Superior Court of New Jersey, Law Division Special Civil Part, Atlantic County.

Decided April 21, 1992.

Attorney(s) appearing for the Case

Henry Wallace, plaintiff, Pro se.

Samuel D. Lashman for defendant (Paul J. Gallagher, City Solicitor, attorney).

OPINION

WINKELSTEIN, J.S.C.

The novel question presented in this case is whether the destruction of the property of an innocent third party by the police pursuant to a lawfully executed search warrant requires the innocent third party to be compensated for his loss. The matter was tried without a jury. This opinion is an inclusive supplement to the court's oral decision from the bench.

The facts are...

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