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NOBACK EX REL. NOBACK v. TOWN OF MONTCLAIR

33 N.J. Super. 420 (1954)

110 A.2d 339

JACK S. NOBACK, A MENTAL INCOMPETENT, BY HIS GUARDIAN AD LITEM, MARION B. NOBACK, PLAINTIFF, v. TOWN OF MONTCLAIR, A MUNICIPAL CORPORATION OF NEW JERSEY, AND CANIO RUSSO, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 30, 1954.

Attorney(s) appearing for the Case

Mr. Charles E. Villanueva argued the cause for plaintiff (Messrs. Van Riper & Belmont, attorneys).

Mr. Merritt Lane, Jr., argued the cause for defendant Canio Russo (Messrs. McCarter, English & Studer, attorneys).

EWART, J.S.C.

Plaintiff Jack S. Noback, of Montclair, N.J., now or formerly a patient in the Essex County Hospital at Overbrook, by his guardian ad litem, Marion B. Noback, prosecutes this action against the Town of Montclair, and against Canio Russo, a police officer of that town, for an alleged atrocious assault and battery committed upon him by the defendant police officer on September 24, 1951 by shooting...

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