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McALLISTER v. BD. OF EDUC., TOWN OF KEARNY

42 N.J. 56 (1964)

198 A.2d 765

DOLORES McALLISTER, PETITIONER-RESPONDENT, v. BOARD OF EDUCATION, TOWN OF KEARNY, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 17, 1964.

Attorney(s) appearing for the Case

Mr. Henry G. Morgan and Mr. Robert J.C. McCoid argued the cause for the respondent-appellant (Messrs. Schneider & Morgan, attorneys).

Mr. Aaron Gordon argued the cause for the petitioner-respondent.

Mr. Isidor Kalisch, attorney for American Hard Rubber Co., filed a brief amicus curiae.

PER CURIAM.

In 1952 the decedent fell from a ladder and suffered injury including serious heart damage. He filed his workmen's compensation claim and in 1955 the Division determined that he was totally and permanently disabled; it awarded him 75% of total permanent, finding that 25% of his disability was due to pre-existing arteriosclerotic and arthritic conditions which were not affected by his accident. In 1957 he suffered a severe emotional upset and died, leaving...

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