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CONSTANTINO v. BOROUGH OF BERLIN

791 A.2d 1118 (2002)

348 N.J. Super. 327

Anthony CONSTANTINO, Plaintiff-Appellant, v. BOROUGH OF BERLIN, a Municipal Corporation, William Casey, Robert Glass, Joseph Keskes, Marie Knott, Edward Shields, William Toy, and Millard Wilkinson, Defendants-Respondents, Dennis Chance, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 2002.

Attorney(s) appearing for the Case

James E. Crovo, Clementon, attorney for appellant.

Higgins, Long & Bonfiglio, attorneys for respondents (Peter J. Bonfiglio, III, Laurel Springs, on the brief).

Before Judges PETRELLA, KESTIN, and ALLEY.

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

This appeal by Anthony Constantino challenges the consequence of retroactive federal legislation on State law as to enforcing the maximum age limit of thirty-five on a municipality in its hiring of law enforcement personnel. Constantino contends that he was not hired due to his age being over fifty during a three year period when states were not permitted by federal legislation to classify or discriminate...

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