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GALLANO v. RUNNING

139 N.J. Super. 239 (1976)

353 A.2d 158

NORMA E. GALLANO, GERALD GALLANO, PATRICIA RYAN, JOHN RYAN, JOHN TOBIN, MARGARET TOBIN, JANE E. GOVIA, DONALD GOVIA, CATHERINE CONKLIN, ALFRED VAY, LOUIS USATI, CHARLES USATI, ALBINA CERRUTI, LOUIS CERRUTI, FRAN FRATTINI, VANCE W. DUKHUIS, JANET COPOZZI, ROSE MARIE MEYER, DOROTHY HOYT, NORMAN C. HOYT, ALMA HEINZELMANN, ETHEL M. PLENKERS AND HARRY R. PLENKERS, PLAINTIFFS, v. JOHN M. RUNNING AND RINGWOOD BOROUGH SEWERAGE AUTHORITY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 3, 1976.

Attorney(s) appearing for the Case

Mr. Terence P. Corcoran for plaintiffs (Messrs. Corrado, Corcoran & Sokalski, attorneys).

Mr. Richard W. Macaluso for defendant, John M. Running (Alfred A. Porro, Jr., attorney).

Mr. John J. Jamison for defendant, Ringwood Borough Sewerage Authority.

JOHNSON, J.S.C.

This court must determine whether the instant suit may proceed as a class action under R. 4:32.

On June 12, 1975 the 23 named plaintiffs, all owners of realty in the Borough of Ringwood in the area to be serviced and billed by the Ringwood Borough Sewerage Authority (Authority), filed suit against the Authority and its counsel, John M. Running. Counts 1 and 2 of the complaint allege that the Authority improperly paid Running $25,070...

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