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BONTEMPO v. CAREY

64 N.J. Super. 51 (1960)

165 A.2d 222

MICHAEL A. BONTEMPO, PETER W. KOCH AND THEODORE LYTWYN, PLAINTIFFS, v. DENNIS F. CAREY, JAMES J. McMAHON AND THE ESSEX COUNTY DEMOCRATIC COMMITTEE, DEFENDANTS. GELSTON HINDS, YOLANDA WICKS, NATHANIEL N. SHERMAN, CAROL H. SHERMAN, RUTH KAVESH, ERNESTINE DUNCAN, HARLAN RUDD AND NELDA S. DAVIES, PLAINTIFFS, v. JAMES J. McMAHON AND DENNIS F. CAREY, DEFENDANTS. JOHN W. HAYDEN, JR., PLAINTIFF, v. MACLYN S. GOLDMAN, DENNIS F. CAREY AND JAMES J. McMAHON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 7, 1960.

Attorney(s) appearing for the Case

Mr. George S. Hochberg, attorney for plaintiffs Bontempo, Koch and Lytwyn.

Messrs. Konigsberg & Rossmoore (Mr. William Rossmoore, appearing) and Mr. Roger Hinds, attorneys for plaintiffs Hinds, Wicks, Sherman, Sherman, Kavesh, Duncan, Rudd and Davies.

Messrs. Grosso, Beck & Mangino (Mr. Vincent M. Mangino, appearing) attorneys for plaintiff Hayden.

Messrs. Clancy & Hayden (Mr. James C. Conlon, appearing) attorneys for defendants Carey, McMahon and the Essex County Democratic Committee.

Mr. Thomas E. Durkin, attorney for defendant Goldman.

WAUGH, A.J.S.C.

The court has before it motions for summary judgment in each of three consolidated actions, all of which involve the same factual and legal problems; all seek declaratory judgments and general in lieu of prerogative writ remedies.

These matters are an outgrowth of the chaotic events that transpired during a meeting of the Essex County Democratic Committee which had been convened on April 26, 1960 for the purpose of electing a county committee...

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