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SCHIERSTEAD v. CITY OF BRIGANTINE

20 N.J. 164 (1955)

119 A.2d 5

OSCAR SCHIERSTEAD, PLAINTIFF-APPELLANT, v. CITY OF BRIGANTINE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND S.D. WALKER, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 19, 1955.

Attorney(s) appearing for the Case

Mr. David M. Perskie argued the cause for appellant (Messrs. Perskie and Perskie, attorneys).

Mr. Henry P. Megargee, Jr., argued the cause for respondent City of Brigantine (Mr. John Lloyd, Jr., attorney).

Mr. Elias G. Naame argued the cause for respondent S.D. Walker, Inc.

Mr. David D. Furman, Deputy Attorney-General, argued the cause for intervenor, State of New Jersey (Mr. Grover C. Richman, Jr., Attorney-General; Mr. Harold Kolovsky, Assistant Attorney-General, and Mr. Lawrence E. Stern, Deputy Attorney-General, on the brief).

The opinion of the court was delivered by WACHENFELD, J.

The sole issue before us is the constitutionality of N.J.S.A. 52:27-29.1, the other matters alleged in the complaint having been disposed of.

From the undisputed facts in the complaint, it appears that on and since December 10, 1945 the City of Brigantine, a municipality of the State of New Jersey, was under the control and supervision of the Municipal Finance Commission pursuant to N.J.S.A...

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