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LAVIN v. HACKENSACK BD. OF ED.

178 N.J. Super. 221 (1981)

428 A.2d 918

MARJORIE A. LAVIN, PETITIONER-APPELLANT, v. BOARD OF EDUCATION OF THE BOROUGH OF HACKENSACK, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1981.

Attorney(s) appearing for the Case

Louis P. Bucceri argued the cause for appellant (Goldberg & Simon, attorneys; Louis P. Bucceri on the brief).

E. Gerard McGovern argued the cause for respondent.

John J. Degnan, Attorney General of New Jersey, filed a statement in lieu of brief on behalf of the State Board of Education (Jaynee LaVecchia, Deputy Attorney General, of counsel and on the statement).

Before Judges BISCHOFF, MILMED and FRANCIS.

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

The questions presented by this appeal are: (1) whether the statute of limitations applicable to contract claims, N.J.S.A. 2A:14-1, applies to teachers' claims for retroactive pay based upon the statutory military service credit, N.J.S.A. 18A:29-11; (2) whether the claim may be barred by the equitable doctrines of laches or estoppel, and (3) whether the State Board of Education's exclusion of...

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