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CUNNINGHAM v. DEPT. OF CIVIL SERVICE

69 N.J. 13 (1975)

350 A.2d 58

JOSEPH CUNNINGHAM AND WALLACE J. SCHONWALD, PLAINTIFFS-APPELLANTS, v. DEPARTMENT OF CIVIL SERVICE AND DEPARTMENT OF TRANSPORTATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 16, 1975.

Attorney(s) appearing for the Case

Mr. Stephen F. Lichtenstein argued the cause for plaintiffs-appellants (Mr. Stuart B. Dember on the brief; Messrs. Coleman, Lichtenstein, Levy & Segal, attorneys).

Mrs. Erminie L. Conley, Deputy Attorney General, argued the cause for defendants-respondents (Mr. Stephen Skillman, Assistant Attorney General, of counsel, Mrs. Conley on the brief; Mr. William F. Hyland, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by SCHREIBER, J.

Joseph Cunningham and Wallace J. Schonwald each held the Civil Service classified position of Director of Design (sometimes hereinafter referred to as DOD) in the Department of Transportation (DOT). Both were demoted to the status of Regional Highway Engineer when the position was eliminated in a reorganization of the Department in June 1971. They unsuccessfully contested the elimination of their jobs on the...

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