COOPER v. IMBRIANI


122 N.J. Super. 469 (1973)

300 A.2d 863

RICHARD P. COOPER, PLAINTIFF-RESPONDENT, v. MICHAEL R. IMBRIANI, PROSECUTOR OF SOMERSET COUNTY, AND THE COUNTY OF SOMERSET, DEFENDANTS-APPELLANTS. JOSEPH KARKOWSKI, PLAINTIFF-RESPONDENT, v. MICHAEL R. IMBRIANI, PROSECUTOR OF SOMERSET COUNTY, AND THE COUNTY OF SOMERSET, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1973.


Attorney(s) appearing for the Case

Mr. William B. Eisart argued the cause for the appellants.

Mr. Richard A. Norris argued the cause for the respondent Richard P. Cooper (Messrs. Norris, McLaughlin & Trucker, attorneys).

Mr. Richard H. Thiele, Jr. argued the cause for the respondent Joseph Karkowski (Messrs. Wharton, Stewart & Davis, attorneys).

Mr. George F. Kugler, Jr., Attorney General, filed a statement in lieu of brief on behalf of the Department of Civil Service.

Before Judges LORA, ALLCORN and BYRNE.


PER CURIAM.

Each of the plaintiffs is a veteran and was appointed a county detective without a fixed term. Consequently, each is entitled to the protection afforded by the Veterans' Tenure Act against discharge, "except for good cause shown after a fair and impartial hearing," N.J.S.A. 38:16-1 et seq., absent clear legislative intent to exclude such position from protection under the act. Brennan v. Byrne, 31 N.J. 333<...

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