Opinion
Argued December 19, 1955 —
Decided December 19, 1955.
Appeal from the Superior Court, Law Division.
Mr. Worrall F. Mountain, Jr., argued the cause for the appellant ( Messrs. Mills, Jeffers and Mountain, attorneys).
Mr. Ralph Porzio argued the cause for the respondent ( Messrs. Scerbo, Porzio and Kennelly, attorneys).
At the argument of this cause it appeared that the factual situation and the provisions of the township ordinances applicable to the position claimed by the plaintiff were not fully presented in the record and the briefs before the court. Therefore the cause is remanded to the Law Division of the Superior Court for the purpose of amending the pleadings and the pre-trial order, the taking of further proofs and the making of a new finding of fact and judgment thereon.