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KLEINKE v. CITY OF OCEAN CITY

163 N.J. Super. 424 (1978)

394 A.2d 1257

BERNARD KLEINKE AND CAROL KLEINKE, PLAINTIFFS, v. CITY OF OCEAN CITY AND JOHN DOE, DEFENDANTS.

Superior Court of New Jersey, Law Division (Civil).

Decided October 24, 1978.

Attorney(s) appearing for the Case

Mr. Stuart B. Finifter, for plaintiffs (Messrs. Land & Finifter, attorneys).

Ms. Mary Maudsley Reiss, for defendants (Messrs. Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, attorneys).

STALLER, J.C.C. (temporarily assigned).

In this personal injury action against the City of Ocean City, a municipal corporation and its employee, John Doe, interrogatories and depositions in the discovery process reveal the following pertinent facts:

Plaintiff, Bernard Kleinke was, on or about July 8, 1975, standing in the ocean in approximately 1 1/2 feet of water at the Tenth Street Beach in Ocean City, when a wave rolled in upon him at chest height and at...

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