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JENKINS ET AL. v. TP. OF MORRIS SCHOOL DIST. & BD. OF ED.

58 N.J. 1 (1971)

274 A.2d 281

BEATRICE M. JENKINS, ET AL., PETITIONERS-APPELLANTS, v. THE TOWNSHIP OF MORRIS SCHOOL DISTRICT AND BOARD OF EDUCATION, RESPONDENT-RESPONDENT, AND THE TOWN OF MORRISTOWN SCHOOL DISTRICT AND BOARD OF EDUCATION, RESPONDENT AND CROSS-PETITIONER-APPELLANT, AND THE BOROUGH OF MORRIS PLAINS BOARD OF EDUCATION, RESPONDENT AND CROSS-PETITIONER.

The Supreme Court of New Jersey.

February 23, 1971.

Attorney(s) appearing for the Case

Mr. Frank F. Harding for appellants Beatrice M. Jenkins, et al. (Messrs. MacKenzie and Harding, attorneys).

Mr. Victor H. Miles for respondent Morris Township Board of Education.

Mr. Stephen B. Wiley for appellant Morristown Board of Education.

Mr. Paul Bangiola for respondent The Borough of Morris Plains Board of Education.

Mrs. Virginia Long Annich, Deputy Attorney General, for Commissioner of Education (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Granted.

FRANCIS, J. (dissenting).

Our Court should not grant the motion for certification and thus accept immediate jurisdiction of this controversy. I use "controversy" advisedly because at the present time there is no "case" in the judicial sense which justifies our intrusion into the matter. Our Court is an appellate tribunal; the New Jersey Constitution and statutes as well as our own rules make it so. A vital principle...

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