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SANTORO v. MAYOR & COUNCIL OF BOROUGH SO. PLAINFIELD

57 N.J. Super. 498 (1959)

155 A.2d 23

ANGELO SANTORO, INDIVIDUALLY AND THE BOROUGH OF SOUTH PLAINFIELD SEWERAGE AUTHORITY, A BODY CORPORATE, PLAINTIFFS-RESPONDENTS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD AND THE COUNTY CLERK OF THE COUNTY OF MIDDLESEX, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Opinion Filed October 28, 1959.

Attorney(s) appearing for the Case

Mr. Baruch S. Seidman argued the cause for appellants (Mr. Angelo H. Dalto, attorney).

Mr. Eugene P. Taylor argued the cause for respondents (Mr. Joseph C. Doren, attorney).

Before Judges PRICE, GAULKIN and FOLEY.

PER CURIAM.

Appellants (hereafter called the borough) appeal from a judgment of the Law Division entered October 9, 1959 which ordered the county clerk not to place upon the ballot the non-binding referendum hereafter described which the borough had requested be placed thereon under N.J.S.A. 19:37-1. Since the election is to be held November 3, the appeal was argued and orally decided by affirmance on October 21. At that time we stated that in due course a...

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