Decided: December 4, 1990.
ARTHUR DIGGS, ET AL., PLAINTIFFS-RESPONDENTS,
STATE OF NEW JERSEY, NEW JERSEY STATE POLICE, ET AL., DEFENDANTS-MOVANTS.
This matter having been duly presented to the Court, it is ORDERED that the motion for leave to appeal (M-436) is granted; and it is further
Ordered that the matter is summarily remanded to the Law Division for reconsideration in the light of Kirk v. Newark, 109 N.J. 173 (1988); and it is further
Ordered that the motion for a stay of trial (M-437) is granted, pending the disposition of the proceedings on remand.
WITNESS, the Honorable Robert N. Wilentz, Chief Justice, at Trenton, on this 4th day of December, 1990.