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GOERKE v. MIDDLETOWN TP.

85 N.J. Super. 519 (1964)

205 A.2d 338

MARGUERITE E. GOERKE AND JOHN W. SPURDLE, PLAINTIFFS-RESPONDENTS, v. THE TOWNSHIP OF MIDDLE-TOWN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN AND NEWTON A. MALLETT, DEFENDANTS-APPELLANTS, AND MONMOUTH SOFTBALL LEAGUE, INC., A NEW JERSEY CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1964.

Attorney(s) appearing for the Case

Mr. Lawrence A. Carton, Jr., argued the cause for appellants (Messrs. Roberts, Pillsbury & Carton, attorneys).

Mr. Andrew S. Polito appeared for respondents; no brief filed.

Before Judges CONFORD, KILKENNY and LEWIS.

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

Plaintiffs Marguerite E. Goerke and John W. Spurdle, by their proceedings in lieu of prerogative writs in the Superior Court, Law Division, and prayer for injunctive relief, challenged certain municipal actions in the Township of Middletown. The proceedings were consolidated for hearing before the Chancery Division on plaintiffs' motion for summary judgment.

On June 17, 1963 the trial court entered summary...

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