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SMITH v. CITY OF NEWARK

136 N.J. Super. 107 (1975)

344 A.2d 782

ERNEST SMITH, ET AL., PLAINTIFFS-APPELLANTS, v. THE CITY OF NEWARK, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1975.

Attorney(s) appearing for the Case

Mr. Frank B. O'Neill argued the cause for appellants (Mr. Irvin L. Solondz, attorney).

Mr. Theodore A. Winard, Assistant Attorney General, argued the cause for respondent Civil Service Commission (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. John F. Shoosmith, Jr., Deputy Attorney General, on the brief).

Before Judges LEONARD, SEIDMAN and BISCHOFF.

PER CURIAM.

Plaintiffs appeal from a judgment dismissing their amended complaint for failure to state a claim upon which relief can be granted. The opinion of the trial court, reported at 128 N.J.Super. 417 (Law Div. 1974), gives the procedural history and factual background in detail. Both will be but briefly restated here.

Plaintiff Ernest Smith, a resident of Newark...

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