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SAGARESE v. BD. OF HEALTH, MORRISTOWN

27 N.J. Super. 400 (1953)

99 A.2d 533

MICHAEL A. SAGARESE, PLAINTIFF-APPELLANT, v. BOARD OF HEALTH OF THE TOWN OF MORRISTOWN, DEFENDANT, AND THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF MORRISTOWN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1953.

Attorney(s) appearing for the Case

Mr. Harry Kalisch argued the cause for plaintiff-appellant (Mr. Michael A. Sagarese, pro se).

Mr. John D. Collins argued the cause for the Town of Morristown (Mr. Bertram Polow on the brief).

Before Judges CLAPP, GOLDMANN and EWART.

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

The plaintiff brought this action against the Board of Health of the Town of Morristown and the Mayor and Board of Aldermen of the Town of Morristown. On motion of the town the action was dismissed as against it, and the plaintiff appeals from the order of dismissal. The suit is still pending as against the board of health.

It is urged that the appeal is improper. We agree, but not for the reasons advanced...

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