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McCARTHY v. BD., TRUSTEES, PUB. EMP. RETIRE SYST.

85 N.J. Super. 502 (1964)

205 A.2d 329

AUSTIN L. McCARTHY, APPELLANT, v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1964.

Attorney(s) appearing for the Case

Mr. Robert S. Miller argued the cause for appellant.

Mr. Richard Newman, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges GAULKIN, FOLEY and COLLESTER.

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

The Board of Trustees of the Public Employees' Retirement System (hereafter Board) refused to pay to Austin L. McCarthy (hereafter Austin) death benefits which Austin claims are payable to him by virtue of the death of his brother Frank V. McCarthy (hereafter Frank), and Austin appeals.

The facts are stipulated. Frank was employed by Highland Park for over 30 years, and in 1955 he was superintendent...

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