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BERGEN CTY. v. McCONNELL

58 N.J. Super. 495 (1959)

156 A.2d 705

COUNTY OF BERGEN, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDWARD B. McCONNELL, ADMINISTRATIVE DIRECTOR OF THE COURTS; ABRAM M. VERMEULEN, DIRECTOR, DIVISION OF BUDGET AND ACCOUNTING AND AARON K. NEELD, STATE TREASURER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1959.

Attorney(s) appearing for the Case

Mr. Milton T. Lasher argued the cause for appellant and cross-respondent.

Mr. Theodore I. Botter, Deputy Attorney General argued the cause for respondents and cross-appellants (Mr. David D. Furman, Attorney General, attorney).

Before Judges GOLDMANN, CONFORD and HANEMAN.

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

Plaintiff brought an action in lieu of prerogative writs seeking recovery of 40% of the pension it had paid former County Court Judge Del Mar pursuant to the Veterans' Pension Act (R.S. 43:4-1 to 5, as amended N.J.S.A.), under which he retired, effective April 1, 1954. On cross-motions for summary judgment the Law Division judge ordered defendants to reimburse plaintiff 40% of all pension payments...

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