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AHTO v. WEAVER

39 N.J. 418 (1963)

189 A.2d 27

GEORGE AHTO, PLAINTIFF-APPELLANT, v. CHARLES WEAVER AND HERMAN KLEIN, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Reargued January 22, 1963.

Decided March 4, 1963.

Attorney(s) appearing for the Case

Mr. Theodore W. Trautwein argued the cause for plaintiff-appellant.

Mr. Joseph V. Cullum argued the cause for defendants-respondents.

The opinion of the court was delivered by HALL, J.

At issue in this litigation is whether the defendants Weaver and Klein hold incompatible public offices in violation of the common law prohibition. The plaintiff, a taxpayer, sought their ouster from all of the offices they respectively occupy "or such other judgment as may be equitable and just." The Law Division, on cross-motions for summary judgment, decided for defendants...

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