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PELLET v. HOBOKEN

4 N.J. Super. 259 (1949)

66 A.2d 897

OTMAR J. PELLET, PLAINTIFF-RESPONDENT, v. BOARD OF COMMISSIONERS OF THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN, FRED M. DeSAPIO, STEPHEN E. MONGIELLO, GEORGE J. FITZPATRICK, MICHAEL J. BORELLI AND JOHN J. GROGAN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1949.

Attorney(s) appearing for the Case

Mr. Walter R. Gottschalk argued the cause for the defendants-appellants.

Mr. Edward A. Markley (Messrs. Markley & Broadhurst, attorneys; Mr. James J. Langan, on the brief) argued the cause for the plaintiff-respondent.

Before Judges McGEEHAN, DONGES and COLIE.

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

Defendants appeal from a summary judgment in favor of the plaintiff, entered in the Superior Court, Law Division, Hudson County, on January 10, 1949, in a proceeding in lieu of mandamus. This judgment requires the defendants (1) to "immediately restore plaintiff, Otmar J. Pellet, to the pay emoluments, title and position given or undertaken to be given...

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