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IN RE DeVITA

Supreme Court of New Jersey.
Oct 19, 1953

PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Judge Naughright in the Superior Court, Law Division.

HEHER, J. (dissenting).

I would reverse the judgment for the reasons given in my dissent on the prior affirmance of the judgment in this cause. State v. Grillo, 11 N.J. 173 (1952).

For affirmance — Chief Justice VANDERBILT, and Justices OLIPHANT, WACHENFELD, BURLING, JACOBS and BRENNAN — 6.

For reversal — Justice HEHER — 1.