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FISCELLA v. NULTON

22 N.J. Super. 367 (1952)

92 A.2d 103

ANTHONY FISCELLA, PLAINTIFF-RESPONDENT, v. HENRY G. NULTON, COUNTY CLERK OF UNION COUNTY, DEFENDANT, AND FREDERICK A. CARMODY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1952.

Attorney(s) appearing for the Case

Mr. Marcus I. Blum argued the cause for the plaintiff-respondent.

Mr. Richard V. Stein argued the cause for the defendant-appellant (Mr. John B. Stone, Jr., on the brief; Messrs. Stein, Stein and Hughes, attorneys).

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

The opinion of the court was delivered by EASTWOOD, S.J.A.D.

The defendant, Frederick A. Carmody, appeals from a summary judgment entered by the Law Division, Union County, restraining the county clerk from printing the name of Frederick A. Carmody as a Republican candidate for the office of councilman of the second ward of the City of Rahway, on the sample ballots and official ballots for the general election to be held November 4, 1952, and denying the application...

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