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ROE v. BOR. OF UPPER SADDLE RIVER

765 A.2d 779 (2001)

336 N.J. Super. 566

Raymond R. ROE and Harry D. Hansen, Plaintiffs-Appellants, v. BOROUGH OF UPPER SADDLE RIVER, Mayor and Council of the Borough of Upper Saddle River, and the Borough of Hillsdale, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2001.

Attorney(s) appearing for the Case

Michael J. Beatrice, Mahwah, argued the cause for appellants.

Robert T. Regan, Westwood, argued the cause for respondents.

No brief has been filed on behalf of respondent Borough of Hillsdale.

Thomas J. Orr, Burlington, for amicus curiae New Jersey State Exempt Firemen's Association, Inc. (John K. Justin, on the brief).

Before Judges SKILLMAN, CONLEY and LESEMANN.

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

Plaintiffs appeal a final judgment entered July 8, 1999, dismissing their complaint seeking reinstatement to their abolished municipal positions pursuant to N.J.S.A. 40A:14-64 and 65 based upon their status as "tenured exempt firemen." We affirm.

Plaintiff Raymond R. Roe possesses a "Certificate of Exemption" as a result of his service as a firefighter with the Mahwah Fire Department from August...

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