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SCHIERSTEAD v. CITY OF BRIGANTINE

29 N.J. 220 (1959)

148 A.2d 591

OSCAR A. SCHIERSTEAD, PLAINTIFF-APPELLANT, v. CITY OF BRIGANTINE, A MUNICIPAL CORPORATION OF THE COUNTY OF ATLANTIC AND STATE OF NEW JERSEY AND ELIAS G. NAAME, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Reargued January 5, 1959.

Decided February 16, 1959.

Attorney(s) appearing for the Case

Mr. Josiah E. DuBois, Jr., argued the cause for the appellant.

Mr. Elias G. Naame argued the cause for the defendant Elias G. Naame, pro se.

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

Mr. William L. Boyan, Deputy Attorney-General, argued the cause for the Attorney-General, amicus curiae (Mr. David D. Furman, Attorney-General).

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

The plaintiff appealed to the Appellate Division from the Law Division's action in dismissing his complaint, entering judgment for the defendants, and denying his motion for leave to amend. We certified the appeal on our own motion under R.R. 1:10-1(a).

In 1931 the Legislature adopted the Municipal Finance Commission Act which was intended to meet the then public

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