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CAMARCO v. CITY OF ORANGE

111 N.J. Super. 400 (1970)

268 A.2d 354

PHILIP CAMARCO, JR., A CITIZEN AND RESIDENT OF NEW JERSEY, AND RUTH SEGLIN, A CITIZEN AND RESIDENT OF THE CITY OF ORANGE, PLAINTIFFS, v. CITY OF ORANGE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, GENNARO D'ANGELIS, IN HIS CAPACITY AS DIRECTOR OF THE POLICE DEPARTMENT OF THE CITY OF ORANGE, JOSEPH MAGRINO, IN HIS CAPACITY AS CORPORATION COUNSEL OF THE CITY OF ORANGE, AND THOMAS J. FREDA, IN HIS CAPACITY AS CLERK OF THE MUNICIPAL COURT OF THE CITY OF ORANGE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 10, 1970.

Attorney(s) appearing for the Case

Mr. Mitchell Melnikoff attorney for plaintiffs.

Mr. Jeffrey R. Lowe attorney for defendants.

YANCEY, J.C.C. (temporarily assigned).

On July 9, 1969 Philip Camarco was arrested by members of the Orange Police Department for "loitering" in a local parking lot in violation of an ordinance of the City of Orange which provided:

No person or persons shall loiter or assemble in or about any street or public place or at the corner of any streets, or in or about the front of any building; or shall loiter in or upon any street or public place in any parked...

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