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PALAGONIA v. CITY OF NEWARK AND EMP. RETIRE. SYST.

153 N.J. Super. 256 (1977)

379 A.2d 488

JOHN E. PALAGONIA, PLAINTIFF-RESPONDENT, v. CITY OF NEWARK AND EMPLOYEES RETIREMENT SYSTEM OF THE CITY OF NEWARK, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 21, 1977.

Attorney(s) appearing for the Case

Mr. Louis S. Cohen attorney for appellants.

Messrs. Cohen and Meshulam, attorneys for respondent.

Before Judges BISCHOFF, KOLE and GAULKIN.

PER CURIAM.

We affirm the judgment below essentially for the reasons expressed in the trial court's opinion, 142 N.J.Super. 363 (Ch. Div. 1976), except as follows: We express no view as to whether the court correctly applied the "strict scrutiny" test in invalidating this particular gender-based classification as unconstitutional. For even if a less rigorous standard is used, the classification is unconstitutionally discriminatory...

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