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HIGGINS v. DENVER

85 N.J. Super. 277 (1964)

204 A.2d 597

THOMAS S. HIGGINS, PLAINTIFF-RESPONDENT, v. GEORGE J. DENVER, RONALD C. SMITH, ARTHUR FIELD, JOHN HOPEN AND ROBERT BENSON, MEMBERS OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF GLOUCESTER; TOWNSHIP OF GLOUCESTER, A MUNICIPAL CORPORATION, AND SAMUEL W. STRAUSS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1964.

Attorney(s) appearing for the Case

Mr. Neil F. Deighan, Jr. argued the cause for respondent.

Mr. Meyer L. Sakin argued the cause for appellants.

Before Judges GAULKIN, FOLEY and COLLESTER.

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

In this action in lieu of prerogative writs the Law Division held that plaintiff Thomas F. Higgins is entitled to the office of magistrate of the Municipal Court of Gloucester Township. Samuel W. Strauss, who claims the office, and the township appeal.

The case was presented to the Law Division upon a stipulation of facts which sets forth, in part, that:

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