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MULLEN v. BD. OF ED. OF JEFFERSON TP.

81 N.J. Super. 151 (1963)

195 A.2d 195

JOHN J. MULLEN, APPELLANT, v. THE BOARD OF EDUCATION OF THE TOWNSHIP OF JEFFERSON, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 9, 1963.

Attorney(s) appearing for the Case

Mr. John A. Wyckoff argued the cause for appellant (Messrs. James & Wyckoff, attorneys; Mr. Wyckoff, on the brief).

Mr. Joseph R. Valentino argued the cause for respondent (Mr. Joseph J. Maraziti, attorney; Mr. Valentino, on the brief).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

The question for determination here is whether a person holding a position with a local board of education is entitled to full payment of salary for the entire period of his illegal dismissal, without mitigation, under N.J.S.A. 18:5-49.1. The matter is one of first impression.

Upon recommendation of the State Commissioner of Education, the State Board of Education on May 4, 1956 approved a...

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