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ROTH v. BOARD OF TRUSTEES, ETC.

49 N.J. Super. 309 (1958)

139 A.2d 761

MARIE S. ROTH, PLAINTIFF-APPELLANT, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES RETIREMENT SYSTEM OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 1958.

Attorney(s) appearing for the Case

Mr. William E. O'Connor, Jr., argued the cause for plaintiff-appellant (Messrs. Camp & Simmons, attorneys; Mr. Roy G. Simmons, of counsel).

Mr. David D. Furman, Deputy Attorney-General argued the cause for defendant-respondent.

Before Judges PRICE, HANEMAN and SCHETTINO.

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

This is an appeal from a determination by the defendant Board of Trustees, Public Employees Retirement System of New Jersey, denying accidental death benefits under N.J.S.A. 43:15A-6 et seq. to Marie S. Roth, appellant and widow of decedent Edward Harold Roth.

The applicable statute (N.J.S.A. 43:15A-49) is as follows:

"Upon the death of a member in active service...

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