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CITRO ET AL v. REILLY ET AL.,

99 N.J. Super. 215 (1968)

239 A.2d 38

FRANK F. CITRO, GEORGE HARVEY, JOSEPH PALAIA, ALAN D. SUGARMAN AND WILLIAM VAN MIDDLESWORTH, PLAINTIFFS, v. JOHN J. REILLY, DONALD CROSTA, JOHN BEEKMAN, FORREST GILLESPIE, HARRY B. TUMEN, ALL INDIVIDUALLY AND AS COUNCILMEN OF THE TOWNSHIP OF OCEAN, FREDERICK W. MILLER, TREASURER OF THE TOWNSHIP OF OCEAN, AND JACK SWEITZER, TOWNSHIP MANAGER OF THE TOWNSHIP OF OCEAN, DEFENDANTS. JOHN J. REILLY, DONALD CROSTA, JOHN BEEKMAN, FORREST GILLESPIE, HARRY B. TUMEN, ALL INDIVIDUALLY AND AS COUNCILMEN OF THE TOWNSHIP OF OCEAN, THIRD-PARTY PLAINTIFFS, v. JAMES J. GARRITY, WESTON L. DANGLER, AMOS E. KRAYBILL, HAROLD D. SHANNON, ALFRED M. WOOLLEY, LEE F. MITCHELL AND THE ESTATE OF E. MELVIN GODDARD, DECEASED, ALL INDIVIDUALLY AND AS FORMER COMMITTEEMEN OF THE TOWNSHIP OF OCEAN, THIRD-PARTY DEFENDANTS. FREDERICK W. MILLER, TREASURER OF THE TOWNSHIP OF OCEAN, JACK SWEITZER, TOWNSHIP MANAGER OF THE TOWNSHIP OF OCEAN, AND THE TOWNSHIP OF OCEAN, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THIRD-PARTY PLAINTIFFS, v. JAMES J. GARRITY, WESTON L. DANGLER, AMOS E. KRAYBILL, HAROLD D. SHANNON, ALFRED M. WOOLLEY, LEE F. MITCHELL AND THE ESTATE OF E. MELVIN GODDARD, DECEASED, ALL INDIVIDUALLY AND AS FORMER COMMITTEEMEN OF THE TOWNSHIP OF OCEAN, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 5, 1968.

Attorney(s) appearing for the Case

Mr. William R. Blair argued the cause for plaintiff (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Mr. John Halleran argued the cause for defendants and third-party plaintiffs Reilly, Crosta, Beekman, Gillespie and Tumen (Messrs. Giordano, Giordano & Halleran, attorneys).

Mr. David Resnikoff argued the cause for defendants and third-party plaintiffs Miller, Sweitzer and Township of Ocean.

Mr. Joseph F. Mattice argued the cause for third-party defendants Garrity, Dangler, Kraybill, Shannon and estate of E. Melvin Goddard, deceased.

Mr. Edward F. Juska argued the cause for third-party defendant, Woolley.

SIMMILL, J.S.C.

This suit arises as a part of the political turmoil which has beset the Township of Ocean during the past several years. There is no question that a pattern was evolved whereby the members of the governing body were reimbursed for expenses which they allegedly incurred in connection with their official duties. A system for such reimbursement consisted of submission of a voucher for expenses which did not detail or itemize them but merely

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