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HILDEBRANDT v. BAILEY

65 N.J. Super. 274 (1961)

167 A.2d 655

FRANCIS S. HILDEBRANDT, RUSSELL CARIDAD AND THOMAS DAIRE, PLAINTIFFS-APPELLANTS, v. HAROLD J. BAILEY, FIRE CHIEF OF THE TOWN OF BLOOMFIELD, TOWN OF BLOOMFIELD, A MUNICIPAL CORPORATION OF NEW JERSEY, AND CIVIL SERVICE COMMISSION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 1961.

Attorney(s) appearing for the Case

Mr. Abram A. Lebson argued the cause for the appellants (Messrs. Lebson & Prigoff, attorneys).

Mr. Joseph D. Lintott argued the cause for the respondents Harold J. Bailey, Fire Chief of the Town of Bloomfield and Town of Bloomfield.

Mr. William L. Boyan, Deputy Attorney General, argued the cause for respondent Civil Service Commission of the State of New Jersey (Mr. David D. Furman, Attorney General of New Jersey, attorney).

Before Judges PRICE, GAULKIN and SULLIVAN.

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

Plaintiffs appeal from the dismissal of their complaint for declaratory judgment.

The complaint recites that plaintiffs are members of the Bloomfield paid fire department, and members of the New Jersey Firemen's Mutual Benevolent Association (FMBA) and of Local 19 of FMBA; that Caridad is president and Daire secretary of Local 19, and Hildebrandt is the...

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