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RUSSELL W. THOMAS, PLAINTIFF-RESPONDENT, v. EDWARD W. McGRATH, UNION COUNTYPROSECUTOR, DEFENDANT, AND THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OFUNION, DEFENDANT-APPELLANT.

PER CURIAM.

The judgment of the Appellate Division is reversed substantially for the reasons expressed in Judge Morgan's dissenting opinion which is reported at 145 N.J. Super. 288, 296.

Three members of the Court would affirm the judgment of the Appellate Division substantially for the reasons expressed in the majority opinion of that Court.

For reversal — Chief Justice HUGHES and Justices SULLIVAN, SCHREIBER and HANDLER — 4.

For affirmance — Justices PASHMAN and CLIFFORD and Judge CONFORD — 3.

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THOMAS v. McGRATH
(Feb 15, 1978)