GRAHAM v. CITY OF ASBURY PARK


64 N.J. Super. 385 (1960)

165 A.2d 864

JOHN GRAHAM AND DAVID JONES, PLAINTIFFS, v. CITY OF ASBURY PARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided November 29, 1960.


Attorney(s) appearing for the Case

Mr. Charles Frankel argued the matter for the plaintiffs.

Mr. Ascenzio R. Albarelli argued the matter for the defendant.


MARIANO, J.S.C.

This is an action by plaintiffs seeking the recovery of back salary for the period of suspension pending the trial and determination of criminal indictments. Defendant moves to dismiss the complaint on the ground that the same fails to state a claim against it upon which relief can be granted as a matter of law. Plaintiffs filed a cross-motion for summary judgment.

The parties are in agreement that there is no genuine issue as to any of the...

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