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KOHLER v. COBB

31 N.J. 369 (1960)

157 A.2d 681

ALBERT W. KOHLER, DAVID L. HILLMAN, AND ARTHUR J. CHANDLER, PLAINTIFFS-APPELLANTS, v. CHESTER L. COBB, JR., MAXWELL MOORE, FRANK GIAMPA, W. RUSSELL EPLER, AND THE BOROUGH OF AVALON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 25, 1960.

Attorney(s) appearing for the Case

Mr. Marvin D. Perskie argued the cause for plaintiffs-appellants.

Mr. Samuel P. Orlando argued the cause for defendants-respondents (Mr. Samuel P. Orlando, attorney; Mr. Charles H. Nugent and Mr. William Russell Epler, of counsel).

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

Plaintiffs appealed from a Superior Court, Law Division, judgment dismissing plaintiffs' action in lieu of prerogative writs which sought a declaration that plaintiffs were members of the Avalon Sewerage Authority. Prior to argument in the Appellate Division, we certified the cause on our own motion.

Pursuant to R.R. 1:6-2 the appeal record contains an agreed statement in lieu of a record. The...

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