BAIME, J.S.C. (temporarily assigned).
This case presents novel questions pertaining to the construction of N.J.S.A. 40A:14-9.4. That statute confers a preference with respect to a resident who achieves "the same final average score" as a nonresident in a promotional examination for appointment to a position in a municipal fire department. More specifically, the statute provides that a resident must be appointed in the event his test score equals that of a nonresident...
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