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HYJACK v. NOLAN

144 N.J. Super. 545 (1976)

366 A.2d 715

HELEN HYJACK, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFF, v. JOSEPH M. NOLAN, RECEIVER OF THE HUDSON COUNTY EMPLOYEES PENSION COMMISSION; AND HUDSON COUNTY EMPLOYEES PENSION COMMISSION, DEFENDANTS. JOHN BAROTTA, PLAINTIFF, v. JOSEPH M. NOLAN, RECEIVER OF THE HUDSON COUNTY EMPLOYEES PENSION COMMISSION; AND HUDSON COUNTY EMPLOYEES PENSION COMMISSION, DEFENDANTS. JAMES CHRICHELLA, PLAINTIFF, v. JOSEPH M. NOLAN, RECEIVER OF THE HUDSON COUNTY EMPLOYEES PENSION COMMISSION; AND HUDSON COUNTY EMPLOYEES PENSION COMMISSION, DEFENDANTS. ROSE LANGREHR, PLAINTIFF, v. JOSEPH M. NOLAN, RECEIVER OF THE HUDSON COUNTY EMPLOYEES PENSION COMMISSION; AND HUDSON COUNTY EMPLOYEES PENSION COMMISSION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 2, 1976.

Attorney(s) appearing for the Case

Mr. James E. Flynn for plaintiffs Helen Hyjack, John Barotta, James Chrichella, Rose Langrehr and members of the class.

Mr. William E. Andersen for plaintiff Catherine Stites, a member of the class (Mr. Jesse Moskowitz, attorney).

Mr. Jay Scott MacNeill for Joseph M. Nolan, receiver of the Hudson County Employees Pension Commission (Messrs. Nolan, Lynes, Bell & Moore, attorneys).

Mr. William J. Cunnane, Assistant County Counsel, for the Hudson County Employees Pension Commission (Mr. Harold J. Ruvoldt, Jr., County Counsel, attorney).

KENTZ, J.S.C.

This matter is before the court on a motion to dismiss the consolidated complaints filed herein for failure to state a cause of action. A review of the undisputed facts is necessary for a full understanding of the issue raised by this motion.

Plaintiff Helen Hyjack (Hyjack) was employed as a clerk by the Bureau of Elections of Hudson County. After 13 1/2 years of service plaintiff became unable...

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