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HYLAND v. SIMMONS

163 N.J. Super. 137 (1978)

394 A.2d 376

WILLIAM F. HYLAND, ATTORNEY GENERAL OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEONARD W. SIMMONS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1978.

Attorney(s) appearing for the Case

Mr. Richard H. Greenstein argued the cause for appellant (Messrs. Fox and Fox, attorneys).

Ms. Anne C. Paskow, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Steven B. Sacharow, Deputy Attorney General, on the brief; Ms. Anne C. Paskow, Deputy Attorney General, of counsel and on the brief).

Before Judges LORA, MICHELS and LARNER.

PER CURIAM.

The judgment of the Chancery Division, insofar as it awards compensatory damages and interest to plaintiff as trustee for the Borough of Roselle on the theory of a constructive trust, is affirmed substantially for the reasons expressed by Judge Dreier in his oral opinion of June 7, 1977 and his written opinion reported at 152 N.J.Super. 569 (Ch. Div. 1977).

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