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FREDERICK W. MARGARITELL, PLAINTIFF-APPELLANT, v. THE TOWNSHIP OF CALDWELL,DEFENDANT-RESPONDENT.

PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Judge Scherer in the Chancery Division reported at 58 N.J. Super. 251. The paragraph thereof ( 58 N.J. Super., at p. 261) suggesting a possible purpose for the repeal in 1953 of the statute here involved and intimating an effect of the enactment of the In Rem Tax Foreclosure Act of 1948 (N.J.S.A. 54:5-104.29, et seq.) on prior methods for the foreclosure of tax liens is not necessary to the decision and we express no view with respect thereto.

For affirmance — Chief Justice WEINTRAUB, and Justices FRANCIS, PROCTOR, HALL and SCHETTINO — 5.

For reversal — None.

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MARGARITELL v. CALDWELL TWP
(Nov 21, 1960)