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MEYERS v. MAYOR, ETC., BOROUGH OF EAST PATERSON

37 N.J. Super. 122 (1955)

117 A.2d 27

WILLIAM F. MEYERS, RICHARD DAALDER AND BYRON MORGAN, PLAINTIFFS-APPELLANTS, v. MAYOR AND COUNCIL OF THE BOROUGH OF EAST PATERSON; WALTER A. BREDDER, BOROUGH CLERK OF THE BOROUGH OF EAST PATERSON, MICHAEL GEMZA, COLLECTOR OF THE BOROUGH OF EAST PATERSON, AND LOUIS DODERO, MAYOR OF THE BOROUGH OF EAST PATERSON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 30, 1955.

Attorney(s) appearing for the Case

Mr. Mervyn R. Montgomery argued the cause for plaintiffs-appellants (Mr. Arthur J. Messineo, attorney).

Mr. Herbert A. Chary argued the cause for defendants-respondents (Mr. Chary, attorney for Mr. Gemza; Mr. R. Sery Nicosia, attorney for the other defendants).

Before Judges CLAPP, JAYNE and FRANCIS.

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

This action, in lieu of prerogative writ, brought by taxpayers and residents of the defendant Borough of East Paterson, challenges an increase in salary given in 1954 to the defendant Michael Gemza, collector of taxes and treasurer of the borough. Plaintiffs claim that Mr. Gemza, who had been reelected to office, was thereby given a second increase in salary during the term for which he had been reelected and...

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