CARROLL v. CAUFIELD


80 N.J. Super. 472 (1963)

194 A.2d 35

THOMAS J. CARROLL, DAVID NAPOLI, BERNARD GERRITY, EUGENE DIXON AND THOMAS KACZKA, PLAINTIFFS, v. JOHN P. CAUFIELD, AS DIRECTOR OF THE NEWARK FIRE DEPARTMENT OF THE CITY OF NEWARK, AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided September 27, 1963.


Attorney(s) appearing for the Case

Mr. William J. Gearty for plaintiffs (Mr. Thomas E. Durkin, Jr., attorney; Mr. William J. Gearty on the brief).

Mr. Joseph A. Ward for defendants (Mr. Norman N. Schiff, attorney and on the brief).


SUGRUE, J.C.C. (temporarily assigned).

This matter is before the court on defendants' motion for summary judgment and plaintiffs' cross motion for the same relief.

On the following facts there is agreement among the adversary parties. Each of the five plaintiffs was an employee of the City of Newark prior to his employment with the Newark Fire Department. Thomas J. Carroll became a member of the department on February 1, 1960 after having been assigned to...

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