Legal Opinion
McGrath v. City of Jersey City
Supreme Court of New Jersey
Decided June 29, 1962PublishedCited by 10 opinions
1Opinion of the Court
The opinion, of the court was delivered
Pee Cukiam.
We affirm for the reasons expressed by the Law Division in McGrath v. Jersey City, 70 N. J. Super. 143 (1961), which in turn followed D’Elia v. Jersey City, 57 N. J. Super. 466 (App. Div. 1959).
In D’Elia the Appellate Division held that under N. J. S. A. 40:46-34, a municipal employee who had been illegally suspended and then reinstated was entitled to his back pay without mitigation. In reaching its conclusion the court properly stressed the unequivocal language of the statute and its forceful history. It is worthy of note that, in…
2Cases cited2 opinions
- Matter of Mullane v. McKenzieNew York Court of Appeals · 1936
- O'Brien v. United StatesUnited States Court of Claims · 1957
3Cited by10 opinions
- Mason v. Civil Service Commission and City of TrentonSupreme Court of New Jersey · 1968
- Osterman v. EhrenworthNew Jersey Superior Court Appellate Division · 1969
- Fox v. BD. OF ED. OF W. MILFORD TP.New Jersey Superior Court Appellate Division · 1967
- McAleer v. Jersey City Incinerator Auth'yNew Jersey Superior Court Appellate Division · 1963
- Mullen v. Bd. of Ed. of Jefferson Tp.New Jersey Superior Court Appellate Division · 1963
5 more not listed; retrieve them via the Exa API.