TRUSTEES OF RUTGERS COLLEGE IN N.J. v. RICHMAN


41 N.J. Super. 259 (1956)

125 A.2d 10

THE TRUSTEES OF RUTGERS COLLEGE IN NEW JERSEY (A BODY CORPORATE AND POLITIC HERETOFORE DESIGNATED THE STATE UNIVERSITY OF NEW JERSEY), AND JOHN H. BOSSHART, CHARLES H. BROWER, ROBERT A. COOKE, MARIE H. KATZENBACH, ROSAMOND S. MOXON, ROY F. NICHOLS, CARROL M. SHANKS, LANSING P. SHIELD, FREDERIC W. SMITH, HOWARD A. SMITH, TRACY S. VOORHEES AND RALPH P. WHITE, INDIVIDUALLY AND AS MEMBERS OF AND REPRESENTATIVES OF THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE CORPORATE PLAINTIFF AND AS MEMBERS OF A SPECIAL COMMITTEE OF THE BOARD ON THE REORGANIZATION OF THE BOARD OF TRUSTEES, PLAINTIFFS, v. GROVER C. RICHMAN, Jr., ATTORNEY-GENERAL OF THE STATE OF NEW JERSEY, ROBERT L. FINLEY, ACTING AND DEPUTY TREASURER OF THE STATE OF NEW JERSEY, AND THE STATE BOARD OF EDUCATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided August 3, 1956.


Attorney(s) appearing for the Case

Mr. Waldron M. Ward argued the cause for plaintiffs (Messrs. Pitney, Hardin & Ward, attorneys for plaintiffs; Mr. Roger C. Ward, on the brief).

Mr. Grover C. Richman, Jr. and Mr. David D. Furman argued the cause for defendants (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney for defendants; Mr. David Landau on the brief).

Mr. Samuel A. Larner and Mr. Roger H. McGlynn argued the cause as amici curiae.


SCHETTINO, J.S.C.

Plaintiffs move for summary judgment on the record which comprises the amended and supplemental complaint, with exhibits annexed; the answer thereto; affidavits of nine individuals; a certified copy of the corporate plaintiff's charter and all amendments thereto; a certified copy of Charter Provisions and Rules and Regulations (1951 edition); and the text of chapter 61 of the Laws of 1956.

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