Miele v. McGuire

The opinion of the court was delivered by

Jacobs, J.

The Law Division sustained the plaintiff’s claim of tenure under the Veterans’ Tenure Act (N. J. S. A. 38:16-1) and ordered his reinstatement but without any back pay. It rejected the defendants’ contention that the Korean conflict was not a war within the meaning of the act and that the plaintiff, as a veteran of that conflict, was not entitled to the act’s protection. The defendants appealed from the order of reinstatement, the plaintiff cross-appealed from the refusal to allow back pay, and we certified on our own motion. In support of…