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BAUMANN v. MUNICIPAL COUNCIL OF W. PATERSON

93 N.J. Super. 446 (1967)

226 A.2d 179

ALFRED H. BAUMANN, PLAINTIFF-RESPONDENT, v. THE MUNICIPAL COUNCIL OF THE BOROUGH OF WEST PATERSON, HENRY F. CARTER, DAVID MARCH, JAMES BELFORD, DONALD CARLON, PAUL LEESTMA AND THOMAS MAY, COUNCILMEN OF THE BOROUGH OF WEST PATERSON, AND THOMAS V. VOGEL, STANLEY GALORENZO AND JAMES EGAN, RESPONDENTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1967.

Attorney(s) appearing for the Case

Mr. George J. Kenny argued the cause for appellants (Messrs. Pindar, McElroy, Connell & Foley, attorneys).

Mr. J. Mortimer Rubenstein argued the cause for respondent (Messrs. Rubenstein & Albert, attorneys).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

This appeal was scheduled on an emergency basis. At the conclusion of the oral argument we announced that there would be an affirmance and a formal opinion would follow.

Defendants appeal from the Law Division's grant of plaintiff's motion for summary judgment and its denial of defendants' counter-motion for summary judgment, deciding that the appointment of Thomas B. Vogel as borough attorney, Stanley...

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