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WAGNER v. LODI

56 N.J. Super. 204 (1959)

152 A.2d 389

FRANK WAGNER, PLAINTIFF-RESPONDENT, v. BOROUGH OF LODI AND JOHN DI MARIA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1959.

Attorney(s) appearing for the Case

Mr. Martin Klughaupt argued the cause for appellants.

Mr. James A. Major argued the cause for respondent.

Before Judges PRICE, GAULKIN and FOLEY.

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

In this action in lieu of prerogative writ the Law Division set aside resolutions adopted by the borough council on April 28, 1958 which terminated the services of the plaintiff as borough attorney and appointed Di Maria in his stead. Defendants appeal. The basic question involved is whether plaintiff, an honorably discharged veteran, was protected from such action by the Veterans' Tenure Act, N.J.S.A.

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