The opinion of the court was delivered by CLAPP, S.J.A.D.
This, an action in lieu of prerogative writ, was brought in the Superior Court, Law Division, Middlesex County. Plaintiff made a motion for summary judgment in the cause, arguing it orally before the Judge of the County Court of Middlesex County on June 26, 1953. On July 21, 1953, the Judge took testimony in the matter, and on the basis thereof, not only denied the motion but on September 10, 1953 gave judgment...
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