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ERRINGTON v. MANSFIELD TP. BD. OF ED.

81 N.J. Super. 414 (1963)

195 A.2d 670

ROBERT N. ERRINGTON, PLAINTIFF-RESPONDENT, v. MANSFIELD TOWNSHIP BOARD OF EDUCATION IN THE COUNTY OF WARREN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1963.

Attorney(s) appearing for the Case

Mr. Wilbur M. Rush argued the cause for appellant (Mr. Robert L. Schumann, on the brief).

Mr. Robert N. Errington argued the cause for plaintiff-respondent pro se (Mr. Robert E. Frederick, attorney).

Mr. Thomas P. Cook argued the cause for State Federation of District Boards of Education, intervening as amicus curiae.

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

May a local board of education spend school funds for the legal defense of its members, sued individually in tort because of an allegedly libelous letter published by the president of the board upon the purported authorization of the other members? The Law Division gave a "no" answer to this question and granted summary judgment restraining the expenditure. Defendant board appeals therefrom. It also appeals...

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