CETRULO v. BYRNE


31 N.J. 320 (1960)

157 A.2d 297

DON A. CETRULO, PLAINTIFF-APPELLANT, v. BRENDAN T. BYRNE, DEPUTY ATTORNEY GENERAL, AND ACTING PROSECUTOR, COUNTY OF ESSEX, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 11, 1960.


Attorney(s) appearing for the Case

Mr. Philip J. Mylod argued the cause for the appellant (Messrs. Mylod & Mylod, attorneys; Mr. James P. Mylod, of counsel).

Mr. John F. Crane, Deputy Attorney General, argued the cause for the respondents David D. Furman, Attorney General of New Jersey, and Brendan T. Byrne, Prosecutor, Essex County, and Joseph P. Lordi, Deputy Attorney General (Mr. David D. Furman, Attorney General of New Jersey, attorney).

Mr. Nicholas T. Fernicola argued the cause for the respondent The Board of Chosen Freeholders, Essex County (Mr. George H. Callahan, on the brief).

Mr. John Tomasin, Attorney for the Department of New Jersey, Disabled American Veterans, filed a brief amicus curiae.


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

The Law Division, for the reasons expressed in its opinion reported at 55 N.J.Super. 199 (1959), granted the defendants' motions for dismissal and summary judgment. The plaintiff appealed to the Appellate Division and while his appeal was pending there we certified it on our own motion.

On June 28, 1956 the Board of Chosen...

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