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FMBA v. N. HUDSON REG. FIRE & RESCUE

775 A.2d 43 (2001)

NEW JERSEY STATE FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION; Union City FMBA Local No. 212 and Local No. 12; Weehawken FMBA Local No. 26; and West New York FMBA Local No. 15, Plaintiffs-Appellants, v. NORTH HUDSON REGIONAL FIRE & RESCUE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 2001.

Attorney(s) appearing for the Case

Craig S. Gumpel, Livingston, argued the cause for appellants (Fox & Fox, attorneys; David I. Fox and Mr. Gumpel, of counsel and on the brief).

David F. Corrigan argued the cause for respondent (Murray, Murray & Corrigan, attorneys; Mr. Corrigan, of counsel; Joan M. Damora and Thomas M. Toman on the brief).

Markowitz & Richman, attorneys for amicus curiae New Jersey State Lodge Fraternal Order of Police (Charles F.X. Szymanski, on the brief).

Zazzali, Fagella & Nowak, Newark, attorneys for amicus curiae New Jersey State Policeman's Benevolent Association (Paul L. Kleinbaum, of counsel; Edward M. Suarez, on the brief).

Before Judges PETRELLA, NEWMAN and BRAITHWAITE.

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

Plaintiffs New Jersey State Firemen's Benevolent Association (FMBA), Union City FMBA Local No. 212 and Local No. 12, Weehawken FMBA Local No. 26, and West New York FMBA Local No. 15 appeal from the entry of summary judgment in the Law Division by Judge D'Italia declaring N.J.S.A. 11A:6-10 and 40A:14-177 unconstitutional as special legislation. Those statutes require public employers to grant paid...

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