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McBRIDE v. CITY OF ATLANTIC CITY

72 N.J. 201 (1976)

370 A.2d 1

MELVIN J. McBRIDE, PLAINTIFF-APPELLANT, v. CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 23, 1976.

Attorney(s) appearing for the Case

Mr. Paul R. D'Amato argued the cause for plaintiff-appellant (Mr. Stephen Hankin, attorney).

Mr. Murray Fredericks argued the cause for defendant-respondent.

PER CURIAM.

The judgment against plaintiff and in favor of defendant is affirmed essentially for the reasons set forth in the trial court's opinion. 146 N.J.Super. 498 (Law Div. 1975). We add the following because our dissenting brethren would remand the matter for a finding as to whether plaintiff, as he testified at trial, "requested the opportunity to consult counsel before making a choice between resignation and subjection...

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