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MERCADANTE v. THE CITY OF PATERSON

111 N.J. Super. 35 (1970)

266 A.2d 611

THOMAS M. MERCADANTE AND MARIO OPROMOLLO, INDIVIDUALLY AND IN BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS, v. THE CITY OF PATERSON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE CITY OF PATERSON, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 22, 1970.

Attorney(s) appearing for the Case

Mr. Abram A. Lebson for plaintiffs (Messrs. Lebson and Prigoff, attorneys).

Mr. Joseph L. Conn for defendants.

MOUNTAIN, J.S.C.

Plaintiffs Thomas M. Mercadante and Mario Opromollo are, respectively, a duly appointed fireman and policeman of the City of Paterson. It is admitted that each had been a resident of the city for two years next preceding his appointment and hence met the requirements of N.J.S.A. 40:47-3. Recently the municipality has taken the position that plaintiffs' are no longer residents of Paterson within the meaning of certain statutes to be mentioned...

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