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FAIR LAWN ED. ASS'N v. FAIR LAWN BD. OF ED.

161 N.J. Super. 67 (1978)

390 A.2d 1194

FAIR LAWN EDUCATION ASSOCIATION, PLAINTIFF-RESPONDENT, v. FAIR LAWN BOARD OF EDUCATION, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. TEACHERS' PENSION AND ANNUITY FUND, DIVISION OF PENSIONS, DEPARTMENT OF TREASURY, STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Mr. Stacy L. Moore, Jr., Deputy Attorney General, argued the cause for appellant Board of Trustees of the Teachers' Pension and Annuity Fund (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General, and Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. William Greenberg argued the cause for respondent Fair Lawn Education Association (Messrs. Greenberg & Mellk, attorneys).

Mr. Reginald F. Hopkinson argued the cause for respondent Fair Lawn Board of Education (Messrs. Jeffer, Walter, Tierney, De Korte, Hopkinson & Vogel, attorneys).

Before Judges MICHELS, PRESSLER and BILDER.

The opinion of the court was delivered by MICHELS, J.A.D.

This is an appeal from a final judgment of the Chancery Division which, in part, declared that the early retirement remuneration plan (plan) included in the collective bargaining agreement entered into by plaintiff Fair Lawn Education Association (the Association) and defendant and third-party plaintiff Fair Lawn Board of Education (the board) to be enforceable and directed the

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