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DeGROOT v. MUCCIO

115 N.J. Super. 15 (1971)

277 A.2d 899

JOHN C. DeGROOT AND ANNA DeGROOT, HIS WIFE, PLAINTIFFS, v. JOE MUCCIO, INDIVIDUALLY AND AS COUNTY INVESTIGATOR FOR THE COUNTY OF PASSAIC, NEW JERSEY; COUNTY OF PASSAIC; JOHN THEVOS, INDIVIDUALLY AND AS COUNTY PROSECUTOR FOR THE COUNTY OF PASSAIC; ROBERT KESSLER, INDIVIDUALLY AND AS A FORMER ASSISTANT PROSECUTOR FOR THE COUNTY OF PASSAIC; CHARLES CARROLL, INDIVIDUALLY AND AS A FORMER ASSISTANT PROSECUTOR FOR THE COUNTY OF PASSAIC; JACQUELINE NATOLI AND EDWARD LENNEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 17, 1971.

Attorney(s) appearing for the Case

Mr. John Thevos argued the motion to dismiss the complaint pro se and as attorney for defendant Joe Muccio.

Mr. Robert Kessler argued the motion pro se.

Mr. Charles Carroll argued the motion pro se.

Mr. William J. Cleary, Jr. joined in the motion for defendant County of Passaic (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys)

Mr. A. John Blake argued the motion for plaintiffs (Messrs. Simon, Denstman & Noonan, attorneys).

GORDON H. BROWN, J.S.C.

Plaintiffs filed an original complaint alleging against each of the defendants a wrongful participation in the prosecution of plaintiff John C. DeGroot who, with two codefendants, was tried for the murder of Gabriel DeFranco and acquitted.

Before the court is a motion brought by defendants John Thevos, Robert Kessler, Charles Carroll and Joe Muccio (so impleaded as "Joe") to dismiss the action on the grounds that the first three, as...

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