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HARVEY v. ESSEX CO. BD. OF CHOSEN FREEHOLDERS

51 N.J. Super. 363 (1958)

144 A.2d 34

WILLIAM F. HARVEY, PLAINTIFF, v. THE BOARD OF CHOSEN FREEHOLDERS OF ESSEX COUNTY: EMPLOYEES' RETIREMENT SYSTEM OF ESSEX COUNTY; NEIL G. DUFFY, SHERIFF OF ESSEX COUNTY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 1, 1958.

Attorney(s) appearing for the Case

Mr. Wilbur J. Bernard, attorney for plaintiff.

Mr. Marshall Crowley, attorney for defendants.

COLIE, J.S.C.

By this action the plaintiff seeks a declaration that N.J.S.A. 43:10-18.26 is unconstitutional. The facts disclose that plaintiff, on May 23, 1923, was appointed a court attendant by the Sheriff of Essex County and has continuously been in the classified service under the Civil Service Law, N.J.S.A. 11:1-1 et seq., and, until his employment was terminated on January 9, 1958 was a member...

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