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VOLTAGGIO v. CAPUTO

Civ. A. No. 727-62.

210 F.Supp. 337 (1962)

Samuel VOLTAGGIO, Plaintiff, v. Nicholas V. CAPUTO, County Clerk, County of Essex, State of New Jersey, and Robert J. Burkhart, Secretary of State, State of New Jersey.

United States District Court D. New Jersey.

Appeal Dismissed January 7, 1963.

Attorney(s) appearing for the Case

Harkavy & Lieb, by Abraham I. Harkavy, East Orange, N. J., for plaintiff.

Nicholas T. Fernicola, Newark, N. J., for County of Essex.

Arthur J. Sills, Atty. Gen., New Jersey, by William L. Boyan, Deputy Atty. Gen., for State of New Jersey.

Before McLAUGHLIN, Circuit Judge, and MEANEY and COHEN, District Judges.

Appeal Dismissed January 7, 1963. See 83 S.Ct. 325.

McLAUGHLIN, Circuit Judge.

Plaintiff brings this action under the Federal Civil Rights Act of 1957, 28 U.S. C. § 1343(3) and (4). He is an independent candidate for the office of Member of the House of Representatives, 11th Congressional District of the State of New Jersey. He is unaffiliated with any political party.

He asserts that the controlling New Jersey election statutes which: (1) give...

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