MARRANCA v. HARBO


41 N.J. 569 (1964)

197 A.2d 865

JOSEPH T. MARRANCA, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. ROLF T. HARBO, DIRECTOR, ELIZABETH POLICE DEPARTMENT AND DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY (AND 5 OTHERS), DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 2, 1964.


Attorney(s) appearing for the Case

Mr. John M. Boyle argued the cause for defendant-appellant Harbo (Mr. Calvin J. Hurd, attorney for defendant-appellant Leach; Mr. Seymour S. Lichtenstein, attorney for defendant-appellant Tierney).

Miss Marilyn H. Loftus, Deputy Attorney General, argued the cause for defendant-appellant Department of Civil Service (Mr. William L. Boyan, Deputy Attorney General, on the brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. Eugene J. Kirk argued the cause for defendants-appellants Brennan, Jr., McMahon, Jr., and Schlicker.

Mr. Adrian M. Unger argued the cause for plaintiff-respondent and cross-appellant (Messrs. Milton M. & Adrian M. Unger, attorneys).


The opinion of the court was delivered by WEINTRAUB, C.J.

This is a civil service case. Plaintiff a patrolman in the Elizabeth Police Department, sued to compel the appointing authority to promote him to sergeant. During the pendency of the suit five other patrolmen were so promoted. Plaintiff then amended his complaint to challenge the validity of those promotions. The trial court held that although plaintiff could not compel...

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