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MOUNT v. TRUSTEES OF PUB. EMP. RETIREMENT SYST.

133 N.J. Super. 72 (1975)

335 A.2d 559

EDWARD L. MOUNT, PLAINTIFF-APPELLANT, v. THE TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1975.

Attorney(s) appearing for the Case

Mr. Henry A. Hill, Jr., argued the cause for appellant (Messrs. Mason, Griffin & Pierson, attorneys; Mrs. Susan F. Baxendale on the brief).

Miss Prudence H. Bisbee, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges LEONARD, SEIDMAN and BISCHOFF.

The opinion of the court was delivered by SEIDMAN, J.A.D.

This appeal presents two issues, both seemingly of first impression in this jurisdiction. At least, counsel have not brought to our attention any reported case on all fours with the matter before us, and our own research has disclosed none.

One issue is whether, in the case of a public employee who retired and is receiving a pension under a retirement system, and is thereafter indicted for offenses...

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